In deciding whether to set aside a judgment of dismissal for failure of a party to appear, courts seek to balance two competing interests: (1) the need to promote judicial economy; and (2) the need to preserve an individual's right to have his day in court. Therefore, in addition to the requirement that plaintiff show that the judgment was entered through excusable neglect or another statutory ground, the court will consider a variety of factors, including:
- the nature and extent of the prejudice which may be suffered by the non-defaulting party if the judgment is set aside;
- the presence of material issues of fact;
- the presence of a meritorious claim;
- the significance of the interests at stake, including, but not limited to, the amount of money involved;
- whether the failure to appear was intentional or willful or the result of conscious indifference;
- whether party or counsel bears responsibility for default; and
- the availability of less drastic sanctions.
A Virginia Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action is a legal process used to overturn a judgment of dismissal in a civil case due to errors or neglect by one or both parties involved. This motion provides an avenue for a party to correct any mistakes made during the case and reinstate their cause of action. In Virginia, there are generally two types of motions to vacate or set aside a judgment of dismissal: one based on mistake or inadvertence, and the other based on excusable neglect. These motions serve different purposes but share the common goal of reopening a case that was mistakenly dismissed. The first type of motion, based on mistake or inadvertence, is typically filed when an error or oversight occurred during the course of the case that led to the judgment of dismissal. This can include mistakes in paperwork, missed court hearings or deadlines, or other procedural errors. By filing this motion, the party seeks to correct the mistake and have the judgment of dismissal reversed. The second type of motion, based on excusable neglect, is typically filed when the dismissal of the case was due to the party's failure to take necessary actions or meet deadlines, but the failure was unintentional and excusable. For example, if a party missed a court hearing due to a medical emergency or other unforeseen circumstances, they may file this motion to request reinstatement of their case. To file a motion to vacate or set aside a judgment of dismissal in Virginia, certain steps must be followed. These include filing the motion with the appropriate court, providing a detailed explanation of the mistake, inadvertence, or excusable neglect that led to the dismissal, and supporting the motion with any necessary evidence or documentation. It is important to note that each case is unique, and the specific requirements and procedures for filing a motion to vacate or set aside a judgment of dismissal may vary depending on the court and the specific circumstances of the case. It is advisable to consult with an experienced attorney to ensure that all necessary steps are taken and requirements are satisfied for a successful motion.
