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.
A North Carolina 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 in North Carolina courts to request the vacation or setting aside of a default judgment. This affidavit is filed by the party seeking to have the default judgment overturned, and it is essential to include relevant keywords to ensure accuracy and effectiveness. Keywords for this affidavit may include: 1. North Carolina: This keyword is crucial as it specifies the jurisdiction where the affidavit is being filed. It ensures that the document is in compliance with North Carolina laws and regulations. 2. Affidavit: An affidavit is a written statement made under oath, confirming the facts and circumstances of the default judgment. It must be signed by the affine who is typically the party seeking relief. 3. Notice of Motion: This keyword signifies that a formal notice of motion has been filed with the court. It informs the opposing party and the court about the intention to seek vacation or setting aside of the default judgment. 4. Vacation of Default Judgment: This keyword emphasizes the primary purpose of the affidavit, which is to request the nullification or cancellation of the default judgment previously entered against the party. It shows the intention to have the case reconsidered on its merits. 5. Setting Aside of Default Judgment: This keyword highlights an alternative approach to vacation. It implies that the judgment should be abolished and the case should proceed as if no default judgment was entered. 6. Mistake: If the default judgment was a result of an error or mistake made by the party, this keyword emphasizes that there was a genuine error on their part, which warrants the vacation or setting aside of the judgment. 7. Inadvertence: Similar to the keyword "mistake," this term indicates that the default judgment was entered due to unintentional oversight, negligence, or lack of attention. It signifies a lack of willful disregard for the case. 8. Surprise: If the party was genuinely surprised by the default judgment, this keyword showcases the unexpected nature of the decision and the need for its reversal. 9. Excusable Neglect: This keyword refers to a failure to act or respond within the prescribed timeframe, which was unintentional or reasonable under specific circumstances. It suggests that the neglect was not willful or in bad faith. It is important to note that while these keywords are relevant for a general North Carolina Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect, there may be other specific types of affidavits or motion notices that vary depending on the case, court, or type of default judgment being addressed.A North Carolina 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 in North Carolina courts to request the vacation or setting aside of a default judgment. This affidavit is filed by the party seeking to have the default judgment overturned, and it is essential to include relevant keywords to ensure accuracy and effectiveness. Keywords for this affidavit may include: 1. North Carolina: This keyword is crucial as it specifies the jurisdiction where the affidavit is being filed. It ensures that the document is in compliance with North Carolina laws and regulations. 2. Affidavit: An affidavit is a written statement made under oath, confirming the facts and circumstances of the default judgment. It must be signed by the affine who is typically the party seeking relief. 3. Notice of Motion: This keyword signifies that a formal notice of motion has been filed with the court. It informs the opposing party and the court about the intention to seek vacation or setting aside of the default judgment. 4. Vacation of Default Judgment: This keyword emphasizes the primary purpose of the affidavit, which is to request the nullification or cancellation of the default judgment previously entered against the party. It shows the intention to have the case reconsidered on its merits. 5. Setting Aside of Default Judgment: This keyword highlights an alternative approach to vacation. It implies that the judgment should be abolished and the case should proceed as if no default judgment was entered. 6. Mistake: If the default judgment was a result of an error or mistake made by the party, this keyword emphasizes that there was a genuine error on their part, which warrants the vacation or setting aside of the judgment. 7. Inadvertence: Similar to the keyword "mistake," this term indicates that the default judgment was entered due to unintentional oversight, negligence, or lack of attention. It signifies a lack of willful disregard for the case. 8. Surprise: If the party was genuinely surprised by the default judgment, this keyword showcases the unexpected nature of the decision and the need for its reversal. 9. Excusable Neglect: This keyword refers to a failure to act or respond within the prescribed timeframe, which was unintentional or reasonable under specific circumstances. It suggests that the neglect was not willful or in bad faith. It is important to note that while these keywords are relevant for a general North Carolina Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect, there may be other specific types of affidavits or motion notices that vary depending on the case, court, or type of default judgment being addressed.
