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.
The Michigan 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 motion that allows a party to request the court to overturn a judgment of dismissal due to certain specified reasons and reinstate the underlying cause of action. This motion is relevant to civil litigation cases in the state of Michigan. Keywords: Michigan, motion to vacate, motion to set aside, judgment of dismissal, mistake, inadvertence, excusable neglect, reinstate cause of action, legal motion, civil litigation. There are different types of Michigan Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action, depending on the specific circumstances and grounds for the motion. Some notable types of motions include: 1. Mistake or Clerical Error: This type of motion can be filed when there was an error made by the court, either in terms of a clerical mistake or a mistake in the application or interpretation of the law. 2. Inadvertence: This type of motion is applicable when a party can demonstrate that the dismissal of the case was a result of unintentional oversight or failure to act, rather than intentional disregard. 3. Excusable Neglect: This type of motion can be filed when a party can show that the failure to act within the required time frame or follow procedural requirements was due to excusable neglect, such as a valid reason or circumstances beyond their control. 4. Newly Discovered Evidence: In some cases, new evidence may come to light after the judgment of dismissal has been entered, and this type of motion can be filed to present the newly discovered evidence that could have a significant impact on the outcome of the case. 5. Fraud or Misrepresentation: If a party believes that the judgment of dismissal was obtained through fraud or misrepresentation by the opposing party, they can file this type of motion to seek relief from the judgment. It is important to note that the specific requirements and procedures for filing a Michigan Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action may vary depending on the local court rules and the nature of the case. It is advisable to consult with a competent attorney who specializes in Michigan civil litigation to understand the applicable laws and best approach for your specific situation.
