Washington Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action

State:
Multi-State
Control #:
US-01586BG
Format:
Word; 
Rich Text
Instant download

Description

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.

Free preview
  • Preview Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action
  • Preview Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action
  • Preview Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action
  • Preview Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action

How to fill out Motion To Vacate Or Set Aside Judgment Of Dismissal Due To Mistake, Inadvertence, Or Excusable Neglect And To Reinstate Cause Of Action?

Finding the right authorized papers format can be a battle. Needless to say, there are plenty of templates available on the Internet, but how do you find the authorized develop you require? Use the US Legal Forms internet site. The services gives thousands of templates, including the Washington Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action, that you can use for business and private requirements. Each of the forms are checked by professionals and meet up with state and federal demands.

When you are already authorized, log in in your accounts and then click the Down load button to obtain the Washington Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action. Utilize your accounts to appear throughout the authorized forms you possess bought earlier. Visit the My Forms tab of your own accounts and have another version in the papers you require.

When you are a new customer of US Legal Forms, listed here are basic directions that you should follow:

  • First, make certain you have selected the correct develop to your area/area. You may look through the shape utilizing the Review button and read the shape outline to ensure this is the right one for you.
  • When the develop will not meet up with your expectations, take advantage of the Seach industry to find the proper develop.
  • When you are certain that the shape is acceptable, click the Get now button to obtain the develop.
  • Select the prices strategy you need and type in the required details. Build your accounts and pay for the transaction utilizing your PayPal accounts or charge card.
  • Select the submit structure and obtain the authorized papers format in your system.
  • Full, revise and printing and indicator the obtained Washington Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action.

US Legal Forms is the greatest library of authorized forms for which you will find numerous papers templates. Use the service to obtain appropriately-made papers that follow condition demands.

Form popularity

FAQ

Judgment is a void judgment if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process, Fed.

Removing A Judgment from Your Record There are only three ways in which a judgment can be made to go away: paying the debt, vacating the judgment or discharging the debt through bankruptcy.

Examples of mistake, inadvertence, surprise, or excusable neglect include: ? Illness of defendant. Attorney's abandonment of client. Fraud of the plaintiff.

Once the judgment is set aside, the case starts up again. If you do not file an answer with the court to defend against plaintiff's complaint, you could again be defaulted and another default judgment could be entered against you.

What is a Motion to Vacate? It asks a judge to cancel (to vacate) an earlier order or judgment entered by the same court. You file this Motion in the Washington state court where the Order you want vacated was issued. Does a Motion to Vacate make sense for my situation?

A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.

Code of Civil Procedure section 473(d) states that, ?The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any ...

To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.

Trusted and secure by over 3 million people of the world’s leading companies

Washington Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action