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.
The Mecklenburg North Carolina Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect is a legal procedure available to individuals who believe that a judgment of dismissal was entered against them due to errors, oversight, or a valid reason that caused neglect. This motion provides an opportunity to seek relief from the court's decision and to reinstate the cause of action. In Mecklenburg County, North Carolina, several types of Motions to Vacate or Set Aside Judgment exist: 1. Mistake: This type of motion is applicable when a mistake occurred during the process leading to the judgment of dismissal. It could refer to an error made by the court, opposing party, or even the applicant themselves. Mistakes can include procedural errors, misinterpretation of facts, or misapplication of the law. 2. Inadvertence: If a judgment of dismissal was entered due to unintentional oversight or carelessness, an Inadvertence motion can be filed. This motion aims to rectify the situation by presenting evidence that the dismissal was not warranted or that the missed deadline or action was due to an unintended omission. 3. Excusable Neglect: When a party failed to meet a deadline or fulfill an obligation due to understandable and reasonable circumstances beyond their control, they may file a motion based on excusable neglect. Excusable neglect could include factors such as illness, family emergencies, or other unforeseen situations that prevented timely action. To successfully file a motion, the applicant must supply clear and convincing evidence supporting their claim. This can include affidavits, relevant documents, witness statements, or any other proof that demonstrates the mistake, inadvertence, or excusable neglect that led to the judgment of dismissal. Additionally, the applicant must provide compelling arguments explaining why the court should reinstate the cause of action. It is important to note that the requirements and procedures for the Mecklenburg North Carolina Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect may vary. Therefore, it is advisable to consult with an attorney experienced in North Carolina civil procedure to ensure the motion is filed appropriately and effectively.