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    benngunn's Avatar
    benngunn Posts: 3, Reputation: 1
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    #1

    Feb 1, 2010, 12:22 PM
    Time limits to file motion to vacate dismissal in Massachusetts
    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's Avatar
    benngunn Posts: 3, Reputation: 1
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    #2

    Feb 1, 2010, 12:23 PM

    Plaintiffs lawyer rather
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    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's Avatar
    benngunn Posts: 3, Reputation: 1
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    #4

    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.
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