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 Nevada 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 procedure used to overturn a judgment of dismissal in a court case. This motion is filed when there has been a mistake, inadvertence, or excusable neglect on the part of the party or their attorney, leading to the dismissal of the case. By filing this motion, the party seeks to reinstate the cause of action and continue with the litigation process. Keywords: Nevada, Motion to Vacate, Set Aside Judgment, Dismissal, Mistake, Inadvertence, Excusable Neglect, Reinstate Cause of Action. There are different types of Nevada Motions to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action, which are categorized based on the specific circumstances of the dismissal. Some of these variations include: 1. Mistake: This type of motion is filed when the dismissal of the case was due to a genuine mistake made by the party or their attorney. It may involve errors in the filing of documents, misinterpretation of the law, or misunderstanding of the court's procedures. 2. Inadvertence: If the dismissal resulted from an inadvertent oversight, such as missing a deadline, miscommunication, or neglecting to take necessary actions, this type of motion can be used to rectify the situation. 3. Excusable Neglect: When the dismissal was a result of neglect on the part of the party or their lawyer, but the neglect can be excused based on valid reasons, this motion can be submitted. Valid reasons might include illness, family emergencies, or other circumstances beyond the party's control. By filing a Nevada Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action, the party is requesting the court to reconsider the dismissal and allow them to continue with the lawsuit. This motion will typically include a detailed explanation of the mistake, inadvertence, or neglect that led to the dismissal, as well as any supporting evidence or legal arguments. It is important to note that these motions must be filed within specific time limits set by Nevada procedural rules. Therefore, it is crucial to consult with an experienced attorney who specializes in Nevada civil litigation to ensure that the motion is filed correctly and within the required timeframe. In summary, a Nevada 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 tool used to reverse a dismissal in a court case caused by a mistake, inadvertence, or excusable neglect. By filing this motion, the party aims to reinstate their cause of action and continue with the litigation process. Different variations of this motion exist, depending on the specific circumstances of the dismissal.
