Omaha Nebraska Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect

State:
Multi-State
City:
Omaha
Control #:
US-01530BG
Format:
Word; 
Rich Text
Instant download

Description

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.

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  • Preview Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect
  • Preview Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect
  • Preview Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect

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FAQ

Omaha Is the Steak Capital of Nebraska The state of Nebraska is known for its beef, and is even nicknamed the "Beef State." Omaha is Nebraska's steak capital, as it's home to one of the country's largest producers of beef, Omaha Steaks.

Prostitution was a major component of the city's flourishing vice industry during the late 1800s and early 1900s, when Omaha was known as a ?dirty wicked town.? Today's Wilson and Washburn Bar downtown is named for its two leading madams.

Omaha is Nebraska's biggest city and a regional manufacturing, transportation, trade, and service hub. From the 1890s through the mid-20th century Omaha emerged as one of the top livestock markets in the world and a leader in the meat-processing industry.

Presently, Omaha is the home to the headquarters of four Fortune 500 companies: conglomerate Berkshire Hathaway; one of the world's largest construction companies, Kiewit Corporation; insurance and financial firm Mutual of Omaha; and the United States' largest railroad operator, Union Pacific Corporation.

Steak. Omaha is known around the country as one of the best sources for steak. This is mostly due to the fact that beef is Nebraska's single largest industry, and Omaha has been the country's meatpacking center since the 1950s.

The cost of living in Omaha, NE is 3% higher than the state average and 7% lower than the national average. Omaha, NE housing is 15% cheaper than the U.S average, while utilities are about 5% less pricey.

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Omaha Nebraska Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect