There are no fixed standards to determine the type of mistake, surprise, or excusable neglect that would warrant the setting aside of a default judgment. The court's decision to set aside a judgment on any of these grounds turns upon the unique factual background of each particular case. However, mistake, inadvertence, and excusable neglect that warrants relief from a default judgment require some justification for an error beyond mere carelessness or ignorance of the law of the party or his or her attorney.
An Arkansas Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal document filed in Arkansas courts to request the vacation or setting aside of a default judgment that was entered against a party due to a mistake, inadvertence, surprise, or excusable neglect. This affidavit serves as supporting evidence for the motion and provides detailed information about the circumstances of the default judgment. In Arkansas, there are various situations where an individual may need to file this type of affidavit, including: 1. Mistake: If a default judgment was entered due to a mistake made by the party or their legal representative, such as a failure to respond to the initial complaint, the affidavit can outline the reasons for the mistake and explain any extenuating circumstances. 2. Inadvertence: In cases where the party failed to respond to the complaint due to inadvertence or oversight, the affidavit can detail the events leading up to the default judgment and provide reasoning for the oversight, such as a lack of knowledge of the legal process or personal circumstances that hindered the individual's ability to respond. 3. Surprise: If a party can demonstrate that they were genuinely surprised by the default judgment, the affidavit can explain the reasons for the surprise, such as receiving inadequate notice of the legal proceedings or being unaware of the impending judgment. 4. Excusable Neglect: This category covers situations where the party's failure to respond to the complaint can be attributed to excusable neglect, such as illness, family emergencies, or other unavoidable circumstances outside the party's control. The affidavit can provide detailed information about the nature of the neglect and its impact on the party's ability to respond. When drafting an Arkansas Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment, it is crucial to include all relevant facts, dates, and supporting documentation to substantiate the claim of mistake, inadvertence, surprise, or excusable neglect. The affidavit must be clear, concise, and persuasive, providing a compelling argument as to why the default judgment should be vacated or set aside. Ensuring that the affidavit is accurately completed and complies with all applicable court rules and procedures is imperative. It is highly recommended engaging the services of an experienced attorney who specializes in Arkansas civil litigation to assist with the drafting and filing of this important legal document. Keywords: Arkansas, Affidavit, Notice of Motion, Vacation, Setting Aside, Default Judgment, Mistake, Inadvertence, Surprise, Ex culpable Neglect.
