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 Nebraska 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 parties who believe that a judgment of dismissal was mistakenly entered against them due to a mistake, inadvertence, or excusable neglect. This motion provides an opportunity for the party to request the court to overturn the judgment and reinstate their cause of action. In Nebraska, there are different types of motions to vacate or set aside judgment of dismissal due to mistake, inadvertence, or excusable neglect. Some of these motions include: 1. Motion to vacate due to clerical error: This motion is filed when a judgment of dismissal was entered due to a clerical mistake made by the court or the opposing party. The party seeking the motion argues that the mistake was not the result of their own negligence or fault. 2. Motion to vacate due to excusable neglect: This motion is filed when a judgment of dismissal was entered against a party due to their own excusable neglect. Excusable neglect refers to circumstances where a party's failure to take necessary action was due to reasonable, justifiable reasons, such as illness, family emergency, or mistake made by their attorney. 3. Motion to vacate due to newly discovered evidence: This motion is filed when a party discovers new evidence that would have had a significant impact on the outcome of the case, had it been presented during the original proceedings. The party argues that the judgment of dismissal should be set aside to allow consideration of this new evidence. 4. Motion to vacate due to mistake or inadvertence: This motion is filed when a judgment of dismissal was entered due to a mistake or inadvertence made by the party or their attorney. The party must demonstrate that the mistake or inadvertence was not intentional or the result of negligence, but rather a genuine error. To successfully file a Nebraska Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action, it is important to thoroughly understand the specific circumstances that led to the judgment of dismissal and select the appropriate type of motion to pursue. Additionally, the party must provide compelling arguments supported by evidence and legal precedents to convince the court to grant the motion and reinstate their cause of action.
