There are no fixed standards to determine the type of mistake, surprise, or excusable neglect that would warrant the setting aside of a default judgment. The court's decision to set aside a judgment on any of these grounds turns upon the unique factual background of each particular case. However, mistake, inadvertence, and excusable neglect that warrants relief from a default judgment require some justification for an error beyond mere carelessness or ignorance of the law of the party or his or her attorney.
In the state of Illinois, an Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal document used to request the court to vacate or set aside a default judgment that has been entered against a party due to various reasons such as mistake, inadvertence, surprise, or excusable neglect. This affidavit is typically filed by the defendant or respondent in a civil case who has failed to respond to the plaintiff's or petitioner's complaint within the specified time frame, resulting in a default judgment being entered against them. It is important to note that there may be different types or variations of this affidavit depending on the specific circumstances of the case. The purpose of the affidavit is to provide a detailed explanation and evidence supporting the reasons why the default judgment should be vacated or set aside. It offers an opportunity for the defendant or respondent to present their case and demonstrate that their failure to respond in time was not willful or intentional but rather a genuine mistake, inadvertence, surprise, or excusable neglect. In the affidavit, the party filing it must provide a factual account of the events leading up to the default judgment, highlight any relevant circumstances that may have contributed to their failure to respond, and explain how these circumstances constitute a valid reason for setting aside the default judgment. The affidavit should also include any supporting documents or evidence that substantiate the claims made. By filing the Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect, the party is essentially asking the court to review the case again and consider their defense or response to the original complaint. If the court finds their reasons valid and compelling, it may grant the motion to vacate or set aside the default judgment, allowing the defendant or respondent to proceed with their defense in the case. It is crucial to consult with an attorney who specializes in civil litigation or civil procedure in Illinois to ensure that the affidavit is prepared accurately and in accordance with the applicable laws and court rules. This ensures that the party's rights are protected and increases the chances of a successful outcome in the motion to vacate or set aside the default judgment.
