In deciding whether to set aside a judgment of dismissal for failure of a party to appear, 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 have his day in court. Therefore, in addition to the requirement that plaintiff 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 judgment is set aside;
- the presence of material issues of fact;
- the presence of a meritorious claim;
- the significance of the interests at stake, including, but not limited to, the amount of money involved;
- whether the failure to appear 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 Hawaii Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action is a legal document filed in Hawaii courts to request the reversal or correction of a previous judgment of dismissal that was granted due to a mistake, inadvertence, or excusable neglect by one of the parties involved. This motion is typically used when a judgment was dismissed in error, or when there was a valid reason for the neglect or mistake that led to the dismissal. Keywords: Hawaii, Motion to Vacate, Set Aside Judgment, Dismissal, Mistake, Inadvertence, Excusable Neglect, Reinstate Cause of Action, legal document, courts, request, reversal, correction, judgment, dismissed in error. There are several types of Hawaii Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action that can be filed based on the specific circumstances: 1. Mistake: When a party can demonstrate that a mistake was made during the proceedings that resulted in the dismissal of the judgment, they can file a motion to vacate or set aside the judgment. This can include clerical errors, misunderstandings, or misinterpretation of the facts or law. 2. Inadvertence: This type of motion is filed when the dismissal of the judgment was a result of inadvertent actions or omissions by one of the parties or their legal representation. Inadvertence could be due to negligence, lack of awareness, or failure to act within the necessary timelines. 3. Excusable Neglect: When a party can show that the failure to comply with the court's requirements or deadlines leading to the dismissal was due to excusable neglect, a motion to vacate or set aside the judgment can be filed. Excusable neglect may include valid reasons such as illness, family emergencies, or unexpected circumstances that prevented proper representation or timely action. 4. Reinstatement of course of Action: Along with requesting the vacation or setting aside of the judgment, the motion may also include a request to reinstate the original cause of action. This means that the case will be returned to its previous status before the dismissal, allowing the parties to continue with their legal dispute. Overall, a Hawaii Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action provides an opportunity for parties to correct errors or address unforeseen circumstances that may have led to an unfavorable judgment. Through this motion, individuals can seek justice and ensure that their case is heard on its merits.
