Sunday, January 24, 2010

Can I file a motion to have my civil case reopened?

I was the plaintiff (pro per) in an uninsured motorist case against my insurance company and, after making numerous motions, they've now succeeded in having my case dismissed based on my failures to attend depositions. Nevermind that I was injured and couldn't meet their time frames...I simply need to know what the chances are that I can have this case reopened and how.Can I file a motion to have my civil case reopened?
That depends on the exact law in your jurisdiction. If you can show valid reasons why you couldn't attend those depositions; ie, you were having surgery, then you should be able to get the judge to give you another crack at it. However, given that dismissal is an extreme sanction and courts are loathe to do that for discovery violations, I suspect there was more to this dismissal than just missing a deposition or two.





If your case was dismissed without prejudice, you can always re-file as a new case. And I'd highly recommend you get an attorney this time around; its better to pay the attorney and get less money than you expected than to get your case tossed out again.Can I file a motion to have my civil case reopened?
You can try. If you call it a motion to have the case ';re-opened'; you will not get relief because the judge will not know what you mean. If you disagree with a judgment, you can appeal or in some states you can move to reconsider the judgment. If it is based on the notion that the judge or the insurer should have known you were were unavailable and accommodated you, that will also fail.
Your chances are slim. But to be fair, because you a non-lawyer, were going up against insurance company lawyers, you chances weren't that good to begin with.

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