New Orleans Louisiana Motion to Set Aside Entry of Default and Default Judgment

State:
Multi-State
City:
New Orleans
Control #:
US-01704BG
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;
2. the presence of material issues of fact;
3. the presence of a meritorious defense to the claim;
4. the significance of the interests at stake, including, but not limited to, the amount of money involved;
5. whether the failure to answer was intentional or willful or the result of conscious indifference;
6. whether party or counsel bears responsibility for default; and the availability of less drastic sanctions.

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An important river trade port, it was the headquarters of the community of merchants frequenting the Loire. It was the capital of the Kingdom of France during the Merovingian period and played an important role in the Hundred Years' War, particularly known for the role of Joan of Arc during the siege of Orleans.

From Mardi Gras to Halloween and Everything in Between. When you think of New Orleans, several things immediately come to mind: spicy Cajun and Creole cuisine, a vibrant cocktail culture, live music pouring out of clubs every night of the week, and one-of-a-kind museums and attractions.

What is New Orleans famous for? A true melting pot of cultures, New Orleans has a wealth of unique heritage and proud traditions. It is best known for its music, vibrant nightlife, numerous festivals, Creole and Cajun food, and colonial architecture.

La Nouvelle Orleans was named in honor of the Duke of Orleans, France's ruling regent until the young Louis XV could take the throne, but the French name was also chosen to encourage French settlers who would have balked at coming to a place with an Indian name like Biloxi or Natchitoches. French History in New Orleans neworleans.com ? multicultural ? cultures neworleans.com ? multicultural ? cultures

New Orleans is world-renowned for its distinctive music, Creole cuisine, unique dialects, and its annual celebrations and festivals, most notably Mardi Gras. The historic heart of the city is the French Quarter, known for its French and Spanish Creole architecture and vibrant nightlife along Bourbon Street.

Whether you're a life-long local or you're in town for your first visit to The Big Easy, there are plenty of things to explore for every taste and preference. French Quarter Phantoms has been voted Voted #1 in New Orleans & America's Top Ten for over 8 years in a row, so we know a thing or two about our city!

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New Orleans Louisiana Motion to Set Aside Entry of Default and Default Judgment