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.
A Hawaii Motion to Set Aside Entry of Default and Default Judgment is a legal document filed by a party asking the court to vacate or annul a default judgment that has been entered against them due to their failure to respond to a legal complaint within a certain time period. This motion typically seeks to request the court to overturn the default judgment and allow the party to present their case on the merits. In Hawaii, there are different types of Motions to Set Aside Entry of Default and Default Judgment that can be filed based on specific circumstances. Some of these variations may include: 1. Motion to Set Aside Entry of Default: This type of motion is filed when a party seeks to have the default entry removed. It usually argues that there was a valid reason for the failure to respond to the complaint, such as excusable neglect, mistake, or inadvertence. 2. Motion to Set Aside Default Judgment: This motion is submitted when a party wants to challenge the default judgment itself. It typically asserts that the judgment is improper or unfair due to various reasons, such as lack of proper service, fraud, mistake, or newly discovered evidence. 3. Motion for Relief from Judgment: This motion is often utilized when a party seeks relief not only from a default judgment but also from any subsequent judgment or order that may have been entered. It is usually employed in situations where the default judgment was obtained through fraud or misrepresentation. Keywords: Hawaii, Motion to Set Aside Entry of Default and Default Judgment, vacate, annul, default judgment, legal complaint, merits, filing, circumstances, excusable neglect, mistake, inadvertence, challenge, improper, unfair, lack of service, fraud, newly discovered evidence, relief, subsequent judgment, order, fraud, misrepresentation.
A Hawaii Motion to Set Aside Entry of Default and Default Judgment is a legal document filed by a party asking the court to vacate or annul a default judgment that has been entered against them due to their failure to respond to a legal complaint within a certain time period. This motion typically seeks to request the court to overturn the default judgment and allow the party to present their case on the merits. In Hawaii, there are different types of Motions to Set Aside Entry of Default and Default Judgment that can be filed based on specific circumstances. Some of these variations may include: 1. Motion to Set Aside Entry of Default: This type of motion is filed when a party seeks to have the default entry removed. It usually argues that there was a valid reason for the failure to respond to the complaint, such as excusable neglect, mistake, or inadvertence. 2. Motion to Set Aside Default Judgment: This motion is submitted when a party wants to challenge the default judgment itself. It typically asserts that the judgment is improper or unfair due to various reasons, such as lack of proper service, fraud, mistake, or newly discovered evidence. 3. Motion for Relief from Judgment: This motion is often utilized when a party seeks relief not only from a default judgment but also from any subsequent judgment or order that may have been entered. It is usually employed in situations where the default judgment was obtained through fraud or misrepresentation. Keywords: Hawaii, Motion to Set Aside Entry of Default and Default Judgment, vacate, annul, default judgment, legal complaint, merits, filing, circumstances, excusable neglect, mistake, inadvertence, challenge, improper, unfair, lack of service, fraud, newly discovered evidence, relief, subsequent judgment, order, fraud, misrepresentation.
