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.
A Missouri 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 to a party who seeks to undo a judgment of dismissal due to a genuine error, oversight, or neglect. This motion aims to reinstate the original cause of action and allow the party to proceed with their case. In Missouri, there are primarily two types of motions that can be filed under this category: the Motion to Vacate Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and the Motion to Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect. While they have similar goals, they differ in the nature of the relief sought. The Motion to Vacate Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect is filed when the party seeks to completely nullify and declare void the judgment of dismissal. This motion asserts that the dismissal was a result of a mistake, inadvertence, or excusable neglect on the part of the party or their legal representative. By vacating the judgment, the cause of action is reinstated, enabling the party to continue pursuing their case. On the other hand, the Motion to Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect seeks to set aside or cancel the judgment of dismissal, thus restoring the case to the docket for further proceedings. This type of motion is typically filed when the party acknowledges that a mistake, inadvertence, or excusable neglect occurred, but believes that setting aside the judgment is a more appropriate remedy than vacating it entirely. Both motions require the party to demonstrate valid reasons for their mistake, inadvertence, or excusable neglect. This may include providing evidence of unforeseen circumstances, technical difficulties, miscommunication, or other justifiable explanations for the oversight leading to the dismissal. It is crucial to present a compelling argument and supporting documentation to persuade the court that granting the motion is fair and just. In conclusion, a Missouri Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action provides a legal avenue for parties to rectify dismissals resulting from errors, oversight, or neglect. By filing either a Motion to Vacate or a Motion to Set Aside, individuals can seek to restore their rights to pursue their case and have their original cause of action reinstated.
