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.
In West Virginia, a "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 wish to challenge a dismissal judgment based on certain grounds. This motion provides an opportunity to correct mistakes, inadvertent errors, or neglect that led to the dismissal of a case. By filing this motion, a party seeks to reinstate their cause of action and have the dismissal judgment reversed. Keywords: West Virginia, motion to vacate, set aside judgment, dismissal, mistake, inadvertence, excusable neglect, reinstate cause of action, legal remedy. Different Types of West Virginia Motions to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action: 1. Mistake: This type of motion focuses on situations where a mistake, either by the court or one of the parties involved, led to the dismissal. This could include errors in documentation, incorrect interpretation of the law, or procedural mistakes. 2. Inadvertence: In cases where the dismissal occurred due to an unintended oversight, parties can file a motion to set aside the judgment. Inadvertence may refer to instances where a crucial deadline was unintentionally missed or a necessary filing was overlooked. 3. Excusable Neglect: This type of motion is usually applicable when a party's failure to comply with court rules or procedural requirements was due to reasonable justifications. Excusable neglect could include instances where the party experienced unavoidable circumstances such as medical emergencies, family emergencies, or unforeseen events that affected their ability to respond promptly or adhere to deadlines. 4. Cause of Action Reinstatement: In addition to seeking the vacating or setting aside of the dismissal judgment, this type of motion involves a request to reinstate the underlying cause of action. Parties typically argue that if the judgment is corrected, their case merits a fair hearing and should proceed to a resolution on its merits. By filing a West Virginia Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action, parties can seek redress for procedural errors or omissions that resulted in the dismissal of their case. It allows for an opportunity to rectify mistakes and have the substantive issues of the case reconsidered by the court.
