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 motion to vacate or set aside judgment of dismissal due to mistake, inadvertence, or excusable neglect is a legal request filed in Iowa to overturn a judgment of dismissal and reinstate a cause of action. This motion is typically used when a party believes that a judgment of dismissal was entered in error or due to some sort of unintentional mistake or neglect on their part. By filing this motion, the party seeks to rectify the situation and have their case reinstated. In Iowa, there are different types of motions to vacate or set aside judgment of dismissal due to mistake, inadvertence, or excusable neglect, each applicable in specific circumstances. Some of these motions may include: 1. Iowa Rule of Civil Procedure 1.1006 Motion: Under this rule, a party can file a motion to vacate a judgment within one year of its entry if it was obtained by mistake, inadvertence, surprise, or excusable neglect. 2. Iowa Rule of Civil Procedure 1.1007 Motion: This rule allows a party to move for relief from a judgment or order on the grounds of mistake, inadvertence, surprise, or excusable neglect within one year from the entry of the judgment. 3. Iowa Rule of Civil Procedure 1.1008 Motion: This rule applies when a party seeks to set aside a judgment or order on the grounds of fraud, misrepresentation, or other misconduct by an opposing party. It's important to note that each of these motions has its own specific criteria and deadlines for filing, and it is advisable to consult with an attorney to understand the particular requirements and procedures involved. The success of these motions in vacating a judgment and reinstating a cause of action depends on presenting compelling arguments and sufficient evidence to support the claim of mistake, inadvertence, or excusable neglect. Keywords: Iowa motion, vacate judgment, set aside judgment, dismissal, mistake, inadvertence, excusable neglect, reinstate cause of action, Iowa Rule of Civil Procedure 1.1006 Motion, Iowa Rule of Civil Procedure 1.1007 Motion, Iowa Rule of Civil Procedure 1.1008 Motion.
