In deciding whether to set aside a default judgment, 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 defend on the merits. Therefore, in addition to the requirement that defendant 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 default is set aside;
" the presence of material issues of fact;
" the presence of a meritorious defense to the claim;
" the significance of the interests at stake, including, but not limited to, the amount of money involved;
" whether the failure to answer 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 Wyoming Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal procedure that allows a party to request the court to cancel or undo previous judgments made against them due to certain specific circumstances. These circumstances include mistakes, inadvertence, surprise, or excusable neglect. In Wyoming, there can be different types of motions to vacate or set aside an entry of default and default judgment. Some common types include: 1. Motion to Vacate Entry of Default: If a party fails to respond or appear in court within the specified time frame after being properly served with a legal notice, the court may enter a default judgment against them. In such cases, the party can file a motion to vacate the entry of default, arguing that there was a valid reason for the failure to respond, such as mistake, inadvertence, surprise, or excusable neglect. 2. Motion to Set Aside Default Judgment: If a default judgment has been entered against a party due to their failure to respond or appear in court, the party can file a motion to set aside the default judgment. This motion requests the court to reconsider the default judgment and cancel it based on grounds such as mistake, inadvertence, surprise, or excusable neglect. 3. Motion to Vacate Default Judgment Due to Mistake: If a default judgment has been mistakenly entered against a party, they can file a motion to vacate the default judgment. This motion highlights the mistake made by the court or the opposing party and requests the court to set aside the default judgment based on the mistake. 4. Motion to Set Aside Default Judgment Due to Inadvertence: In cases where a default judgment has been entered against a party due to inadvertence or accidental oversight, the party can file a motion to set aside the default judgment. This motion argues that there was no intentional neglect or refusal to respond, and the default judgment should be reconsidered and canceled. 5. Motion to Vacate Default Judgment Based on Surprise: If a default judgment has been entered against a party due to surprise or unexpected circumstances, the party can file a motion to vacate the default judgment. This motion asserts that the surprise element played a significant role in the failure to respond, and therefore, the default judgment should be overturned. 6. Motion to Set Aside Default Judgment Due to Excusable Neglect: A motion to set aside a default judgment can be filed when the failure to respond or appear in court was due to excusable neglect. This neglect may include valid reasons such as illness, mistake, miscommunication, or other circumstances that prevented timely response or appearance. It is important to note that each motion to vacate or set aside a default judgment in Wyoming must be supported by relevant evidence and arguments explaining why the default judgment should be canceled based on one or more of the mentioned grounds: mistake, inadvertence, surprise, or excusable neglect. The court will thoroughly review the motion and make a decision based on the merits of the case and applicable laws.
