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.
In Arkansas, a Motion to Vacate Judgment is a legal document that requests the court to set aside a previously entered judgment. It allows a party to challenge the validity of a judgment on certain grounds and seek to have it reversed or dismissed. The keywords associated with this motion are Arkansas, Motion, Vacate Judgment, set aside, previously entered judgment. There are several types of Arkansas Motion to Vacate Judgments, including: 1. Arkansas Motion to Vacate Default Judgment: This motion is filed when a party failed to respond to a lawsuit within the specified time frame, resulting in a default judgment. The party can request the court to vacate the judgment by providing valid reasons for not responding and demonstrating a valid defense to the claims. The keywords associated with this motion are default judgment, failed to respond, valid defense. 2. Arkansas Motion to Vacate Judgment for Fraud or Misrepresentation: This motion is filed when a party believes that the judgment was obtained through fraudulent or deceitful means. The party must present evidence of the fraud or misrepresentation and show that it directly influenced the court's decision. The keywords associated with this motion are fraud, misrepresentation, deceitful means, influenced court decision. 3. Arkansas Motion to Vacate Judgment for Lack of Jurisdiction: This motion is filed when a party contends that the court did not have the proper authority or jurisdiction to enter the judgment. It is crucial to provide evidence supporting the lack of jurisdiction, such as improper service of process or violation of constitutional rights. The keywords associated with this motion are lack of jurisdiction, improper service of process, constitutional rights violation. Next, a Quash Subpoena Ducks Cecum is a request made to the court to invalidate or dismiss a subpoena that requires the production of documents or tangible evidence. The keywords associated with this motion are Quashed, Subpoena Ducks Cecum, invalidate, dismiss, production of documents. Different types of Arkansas Quash Subpoena Ducks Cecum motions include: 1. Arkansas Motion to Quash Subpoena Ducks Cecum for Privileged Information: This motion is filed when the party receiving the subpoena believes that the requested documents or information fall under attorney-client privilege, doctor-patient privilege, or other legally protected privileges. The party must demonstrate that the privileged information should not be disclosed. The keywords associated with this motion are privileged information, attorney-client privilege, doctor-patient privilege. 2. Arkansas Motion to Quash Subpoena Ducks Cecum for Over breadth: This motion is filed when the party receiving the subpoena believes that it is too broad or seeks irrelevant or unnecessary information. The party must provide a detailed explanation of why the subpoena should be quashed based on its over breadth. The keywords associated with this motion are over breadth, irrelevant information, unnecessary information. Additionally, a Dismiss Writ of Garnishment is a legal action taken to terminate or cancel a garnishment order, which allows the collection of a debt through wage or bank account deductions. The keywords associated with this action are Dismissed, Writ of Garnishment, terminate, cancel, collection of debt. There are no different types of Arkansas Dismiss Writ of Garnishment motions as the purpose remains the same. Lastly, a Leave to File an Answer to Complaint is a request seeking permission from the court to file a late answer to a complaint. The keywords associated with this request are Leave, File, Answer to Complaint, late answer. There are no different types of Arkansas Leave to File an Answer to Complaint motions as the purpose remains the same.
