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.
Puerto Rico 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 in Puerto Rico's judicial system. It allows a party to request the court to overturn a judgment of dismissal if it was made due to a mistake, inadvertence, or excusable neglect and reinstate the underlying cause of action. In Puerto Rico, there are several situations in which a motion to vacate or set aside a judgment of dismissal may be filed: 1. Mistake: If the judgment of dismissal was entered by the court based on a mistake, such as a misinterpretation of the facts or law, or an error in procedure, a party can file a motion to vacate or set aside the judgment. 2. Inadvertence: In cases where the party's failure to respond to the court's orders or appear at a hearing was unintentional or accidental, they can file a motion to vacate or set aside the judgment. For example, if a party missed a deadline or failed to attend a court hearing due to a genuine oversight or unforeseen circumstances, they may have grounds for this type of motion. 3. Excusable Neglect: A motion to vacate or set aside a judgment of dismissal can be filed if the party's failure to take action or comply with the court's orders was the result of excusable neglect. This means that the party's actions were reasonable under the circumstances, considering factors such as illness, accident, or other unavoidable events. To initiate the process, the party seeking to vacate or set aside the judgment must file a motion with the court explaining the grounds for their request. The motion should outline the specific mistake, inadvertence, or excusable neglect that led to the dismissal and provide supporting evidence or arguments. The court will review the motion and consider the opposing party's response, if any, before making a decision. If the court determines that there is merit to the motion, it may grant the request and set aside the judgment of dismissal. This would reinstate the cause of action, allowing the litigation or legal process to continue from the point where it was dismissed. It is essential to consult with an experienced attorney in Puerto Rico to ensure that the motion is properly prepared and supported by relevant legal arguments and evidence. They can guide parties through the intricacies of the process and increase the likelihood of a successful outcome.
