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.
Idaho Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal procedure in Idaho that allows a party to seek relief from a default judgment that has been entered against them. This motion is typically filed when a party believes that the default judgment was the result of a mistake, inadvertence, surprise, or excusable neglect. There are different types of Idaho Motion to Vacate or Set Aside Entry of Default and Default Judgment motions that can be filed based on the specific circumstances of the case. Some of these types include: 1. Mistake: This type of motion is filed when a party can prove that there was a genuine mistake or error that resulted in the default judgment against them. Mistakes can include clerical errors, inaccurate information, or misunderstanding of legal procedures. 2. Inadvertence: A motion based on inadvertence is filed when a party can show that the default judgment was entered due to unintentional or accidental actions. This may include situations where the party failed to respond to the lawsuit due to lack of knowledge, confusion, or oversight. 3. Surprise: If a party can demonstrate that they were taken by surprise by the entry of default judgment, they may file a motion based on surprise. This can happen when the party was not properly notified of the lawsuit or was unaware of the impending legal action against them. 4. Excusable Neglect: This type of motion is filed when a party can prove that their failure to respond to the lawsuit and subsequent default judgment was due to circumstances beyond their control. Excusable neglect can include situations such as illness, undue hardship, or unavoidable events that prevented the party from timely responding to the lawsuit. When filing an Idaho Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect, it is important to provide detailed and compelling evidence supporting the grounds for the motion. This may include affidavits, witness statements, documentary evidence, or any other relevant information that demonstrates the justification for setting aside the default judgment. It is also crucial to adhere to the specific procedural requirements set forth by Idaho law, such as filing deadlines and proper service of the motion on the opposing party. In conclusion, an Idaho Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal mechanism that allows a party to seek relief from a default judgment. Different types of motions can be filed depending on the circumstances, such as mistake, inadvertence, surprise, or excusable neglect. It is essential to have strong supporting evidence and comply with procedural requirements when filing this type of motion in Idaho.Idaho Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal procedure in Idaho that allows a party to seek relief from a default judgment that has been entered against them. This motion is typically filed when a party believes that the default judgment was the result of a mistake, inadvertence, surprise, or excusable neglect. There are different types of Idaho Motion to Vacate or Set Aside Entry of Default and Default Judgment motions that can be filed based on the specific circumstances of the case. Some of these types include: 1. Mistake: This type of motion is filed when a party can prove that there was a genuine mistake or error that resulted in the default judgment against them. Mistakes can include clerical errors, inaccurate information, or misunderstanding of legal procedures. 2. Inadvertence: A motion based on inadvertence is filed when a party can show that the default judgment was entered due to unintentional or accidental actions. This may include situations where the party failed to respond to the lawsuit due to lack of knowledge, confusion, or oversight. 3. Surprise: If a party can demonstrate that they were taken by surprise by the entry of default judgment, they may file a motion based on surprise. This can happen when the party was not properly notified of the lawsuit or was unaware of the impending legal action against them. 4. Excusable Neglect: This type of motion is filed when a party can prove that their failure to respond to the lawsuit and subsequent default judgment was due to circumstances beyond their control. Excusable neglect can include situations such as illness, undue hardship, or unavoidable events that prevented the party from timely responding to the lawsuit. When filing an Idaho Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect, it is important to provide detailed and compelling evidence supporting the grounds for the motion. This may include affidavits, witness statements, documentary evidence, or any other relevant information that demonstrates the justification for setting aside the default judgment. It is also crucial to adhere to the specific procedural requirements set forth by Idaho law, such as filing deadlines and proper service of the motion on the opposing party. In conclusion, an Idaho Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal mechanism that allows a party to seek relief from a default judgment. Different types of motions can be filed depending on the circumstances, such as mistake, inadvertence, surprise, or excusable neglect. It is essential to have strong supporting evidence and comply with procedural requirements when filing this type of motion in Idaho.
