There are no fixed standards to determine the type of mistake, surprise, or excusable neglect that would warrant the setting aside of a default judgment. The court's decision to set aside a judgment on any of these grounds turns upon the unique factual background of each particular case. However, mistake, inadvertence, and excusable neglect that warrants relief from a default judgment require some justification for an error beyond mere carelessness or ignorance of the law of the party or his or her attorney.
Albuquerque New Mexico Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect
Category:
State:
Multi-State
City:
Albuquerque
Control #:
US-01527BG
Format:
Word;
Rich Text
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