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.
Illinois 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 process that allows a party to request the court to reconsider a judgment of dismissal. This motion can be filed when a judgment was entered as a result of a mistake, inadvertence, or excusable neglect. In Illinois, there are two types of motions available to vacate or set aside a judgment of dismissal due to mistake, inadvertence, or excusable neglect: 1. Motion to Vacate Judgment of Dismissal: This motion requests the court to set aside the judgment of dismissal due to a valid reason, such as a mistake made by the court or one of the parties involved. The grounds for filing this motion include clerical errors, mistakes in judgment, or newly discovered evidence that could change the outcome of the case. 2. Motion to Reinstate Cause of Action: This motion is filed to ask the court to reinstate the original cause of action after it has been dismissed. It is often used when the dismissal was the result of the plaintiff's failure to comply with deadlines or procedural requirements. The party seeking reinstatement must show that the dismissal was due to mistake, inadvertence, or excusable neglect, and that they have a meritorious cause of action that should be heard. To file a motion to vacate or set aside judgment of dismissal due to mistake, inadvertence, or excusable neglect, certain steps must be followed. First, the party must draft the motion, specifying the grounds for the motion, including the alleged mistake, inadvertence, or excusable neglect. The motion should also provide detailed facts and evidence to support these grounds. Next, the motion must be filed with the appropriate court clerk and served to all opposing parties involved in the case. It is crucial to adhere to the deadlines and procedural requirements set by the court for filing such motions. Upon receiving the motion, the court will review it and determine whether there is sufficient cause to grant the motion. The court may schedule a hearing to allow both parties to present their arguments and evidence. After considering all relevant factors, the court will make a decision regarding the motion. In conclusion, the Illinois 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 remedy available for parties who believe that a judgment of dismissal was entered incorrectly due to a mistake, inadvertence, or excusable neglect. By filing this motion, individuals can seek to have the judgment reconsidered and their cause of action reinstated.
