In deciding whether to set aside a default judgment, 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 defend on the merits. Therefore, in addition to the requirement that defendant 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 default is set aside;
" the presence of material issues of fact;
" the presence of a meritorious defense to the claim;
" the significance of the interests at stake, including, but not limited to, the amount of money involved;
" whether the failure to answer 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.
Clark Nevada Motion to Vacate Judgment: A Motion to Vacate Judgment in Clark, Nevada refers to a legal procedure used to request the court to overturn or set aside a previous judgment. This motion is typically filed by the party who is seeking to contest or challenge the judgment on various grounds. The keyword "Clark Nevada" specifies the jurisdiction where the motion is filed. In Clark County, Nevada, there are different types of Motion to Vacate Judgment, each serving different purposes and addressing specific circumstances. Some common types are: 1. Clark Nevada Motion to Vacate Default Judgment: This motion is filed when a party seeks to set aside a default judgment that was entered against them due to their failure to respond or appear in court. 2. Clark Nevada Motion to Vacate Final Judgment: This motion is filed to ask the court to reverse or nullify a final judgment that has already been entered. The party filing this motion must provide valid reasons for the court to consider reversing its previous decision. 3. Clark Nevada Motion to Vacate Default Judgment for Lack of Service: In situations where a party claims they did not receive proper notice or service of process, they can file this motion to invalidate the default judgment entered against them. Quash Subpoena Ducks Cecum: In Clark, Nevada, a Quash Subpoena Ducks Cecum is a legal action taken to challenge or invalidate a subpoena duces tecum. It is a request to the court to cancel or reject a subpoena that requires a person or entity to produce specific documents or evidence. The keyword "Clark Nevada" specifies the jurisdiction where this action is taking place. Dismiss Writ of Garnishment: A Motion to Dismiss Writ of Garnishment is a legal procedure used to request the court to terminate or cancel a writ of garnishment that has been issued against a person's wages, bank accounts, or other personal property. By motioning to dismiss the writ of garnishment, the party seeks relief from the court order for debt collection. For Leave to File an Answer to Complaint: A Motion for Leave to File an Answer to Complaint is a request made to the court seeking permission to submit a response or answer to a complaint outside the normal time limits set by the court rules. This motion is typically filed when a party, for valid reasons, was unable to file a timely answer to the complaint and wishes to assert their defense or counterclaim afterward. Keywords: Clark Nevada, Motion to Vacate Judgment, Quash Subpoena Ducks Cecum, Dismiss Writ of Garnishment, Leave to File an Answer to Complaint.
