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View Full Version : Time limits to file motion to vacate dismissal in Massachusetts


benngunn
Feb 1, 2010, 12:22 PM
Is there a time limit to file a motion to vacate dismissal in Massachusetts? I had won a civil case by way of dismissal(without prejudice) due to the plaintiffs layer not showing in court. His reason for not showing was "administrative oversight". The judgment was made on 11/6/09 and his motion was filed on 1/15/10, and is scheduled for 3/19/10. Thanks in advance.

benngunn
Feb 1, 2010, 12:23 PM
Plaintiffs lawyer rather

ScottGem
Feb 1, 2010, 12:25 PM
Dismissal without prejudice means the loser can reinstate the case. I don't know for sure what the time limit would be for reinstatement. But a couple of months as indicated in your timeline would be well within reasonable.

benngunn
Feb 1, 2010, 12:29 PM
Ok, I wasn't sure if reinstatement was limited by rule 59. I'm guessing it is not. Thanks.