Ask Experts Questions for FREE Help !
Ask
    benngunn's Avatar
    benngunn Posts: 3, Reputation: 1
    New Member
     
    #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
    New Member
     
    #2

    Feb 1, 2010, 12:23 PM

    Plaintiffs lawyer rather
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #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
    New Member
     
    #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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Right To File A Motion To Vacate Default Judgement [ 7 Answers ]

Hey, I need to know if I still have time to file a "Motion to vacate default judgement". In the first judgment I received it said I did not show up after being notified. I never received notice and did not sign any certified mail. The first date is 9/10/2007. I received a Final Judgment...

How to file a motion to vacate default judgement in Pa [ 11 Answers ]

I received the papers stating that I was being sued in June... 3 days later I received a letter stating that a hearing was scheduled in Nov. so I never answered the summons (if that's what it is called)... I was under the impression that I had a hearing... I called to confirm my hearing date and...

How do you file a motion to vacate a judgement [ 3 Answers ]

A summons came to my dads house, mind you I haven't lived there since 2001. My divorce lawyer is taking action against me for some contract issues. I dropped my case and worked things out. My case was dropped in 2005, she got appointed to judge, now after she is no longer judge, she filed , I never...

File a motion to vacate an award [ 1 Answers ]

Do I file a motion in federal or state court to vacate an award form a judicial arbitration


View more questions Search