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.
Kansas Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect
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How to fill out Affidavit Supporting Notice Of Motion For Vacation Or Setting Aside Of Default Judgment Due To Mistake, Inadvertence, Surprise, Or Excusable Neglect?
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Examples of mistake, inadvertence, surprise, or excusable neglect include: ? Illness of defendant. Attorney's abandonment of client. Fraud of the plaintiff. The following instructions and forms assume that you are a defendant who is filing a motion to vacate a default judgment.
In determining whether the neglect is excusable, courts take a flexible approach and consider all relevant circumstances. For example, clerical errors, like a misreading of the filing date, have been considered excusable.
Inexcusable neglect is when someone fails to do something they were supposed to do, and there is no good reason for it. It's not just a mistake or forgetfulness, but a serious and unjustifiable failure to take care of something or someone.
A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.
Ing to the court, ?excusable neglect is found 'where inaction results from clerical or secretarial error, reasonable misunderstanding, a system gone awry or any other of the foibles to which human nature is heir.?
Application to set aside ex-parte decree: It can be entertained on the two grounds: Where summon was not served. Defendant was prevented from appearing without sufficient cause.
Definition & Citations: the term given to negligence that the defendant could not control the circumstances of.
Federal Rule of Civil Procedure 6(b) Nat'l Wildlife Fed'n, 498 U.S. 871, 896 (1990). Excusable neglect requires ?a demonstration of good faith ... and some reasonable basis for noncompliance within the specified period of time.? Kimberg v. Univ. of Scranton, 411 Fed.