Maybe the loser has already had chances to fix their case, and the judge concludes there's no way the case can go forward.
But it could be lots of things. The result is that the case is closed. Only logged-in users can post comments. Please log in or register if you want to leave a comment. We do our best to reply to each comment. We can't give legal advice in the comments, so if you have a question or need legal help, please go to Get Legal Help.
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Visit our Covid articles for the latest information. Order on Motion to Reinstate Case on Docket. Click the link below for a program you can use to fill out the forms online.
The program contains information to help you fill out the forms at each step. Before dismissing a case for want of prosecution, the clerk will send you a letter or email that tells you that your case has been placed on the dismissal docket list of cases to be dismissed on a certain date.
If your case was placed on the dismissal docket but not yet dismissed , you can ask the judge to keep your case open by filing a Motion to Retain Case on Docket and Notice of Hearing.
If your case was dismissed for want of prosecution, you can ask the judge to reopen your case by filing a Motion to Reinstate Case on Docket and Notice of Hearing if you file by the deadline discussed below. You must file turn in a completed Motion to Reinstate Case on Docket and Notice of Hearing form within 30 days of the date the judge signed the dismissal order.
Exception: If you first learned about the dismissal order more than 20 days after it was signed by the judge, your day deadline to file the Motion to Reinstate Case on Docket began on the day you received notice of the dismissal from the clerk or the day you actually found out about the dismissal whichever happened first.
However, even if this exception applies, your day deadline cannot begin more than 90 days after the dismissal order was signed by the judge. So, the latest you could file a Motion to Reinstate Case on Docket is days after the dismissal order was signed by the judge.
Tell the clerk you want to schedule a hearing on a motion to retain case on docket. The clerk will give you a date and time for the hearing. Send it on the same day you get the hearing date. The other side must receive it at least 3 days before the hearing. If the other side has a lawyer, send it to the lawyer instead of directly to the other side. You must bring proof to your hearing. If you do not file a response aka opposition or reply to the motion to dismiss — the court will assume you have no objection to the motion or cannot come up with a valid argument — and the motion to dismiss will likely be granted.
Case closed. If you don't properly and adequately respond to the motion to dismiss — you will likely end up with your lawsuit or at least some of the claims in your complaint dismissed.
If you'd like to learn more about motions generally, and motions to dismiss in particular, we highly recommend you take a look at our litigation tutorial Motions: Practice and Procedure. The video tutorial will help equip you to understand how motions work. Plus, you'll learn strategies and other tips to help you respond to a motion to dismiss as well as educate you on other potential motions that you may consider filing or have to oppose in your lawsuit. Learn more.
Please note, comments must be approved before they are published. Motion to Dismiss Definition and FAQs In legal terms, a motion is a formal request often in writing by a party in a lawsuit — asking the judge to take a specific action in the case.
Check out Motions: Practice and Procedure to learn more about the importance of motions in a lawsuit: What are grounds for filing a motion to dismiss? What is a motion to dismiss with prejudice? What happens at a motion to dismiss hearing? Once you have found someone to come with you, make sure they know your version of events and what you want them to do for you at the meeting. To help you make sure that you raise all the issues you want to, it is a good idea to prepare a note or statement of what you are going to say.
You can tick off each point as you make it, to make sure you have covered everything. When you have considered all the issues above, think about what evidence you have to support your case. This could be documents such as:. If anyone could support your case, you should ask them if they would be willing to give evidence for you.
If they are happy to give evidence, it's a good idea if they can prepare a statement or a note of what they will say so that they don't forget anything.
You cannot force anyone to give evidence if they don't want to. Your employer is not allowed to victimise them if they do. Skip to navigation Skip to content Skip to footer. Top links Housing benefit. Top links Template letter to raise a grievance at work. Top links Our pensions advice Write a letter to your creditors. Top links If you want a refund because of coronavirus Contact the consumer helpline Report to Trading Standards Problems with a used car Return faulty goods Buying a used car Your energy supply View all.
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