Sunday, January 24, 2010

Is the plaintiff in a civil case dismissed without prejudice required to notify the defendant with a summons?

I went to court in Sept. and recently got a court notice for the same case on March 19th but nothing from the plantiff. I thought it was a mistake and the case was over. I also have to change the date...how do I do that?Is the plaintiff in a civil case dismissed without prejudice required to notify the defendant with a summons?
Without prejudice means they can refile the case. If it was refiled then you would have to have been served again, if continued, only the court sends you notice. You'll have to ask the court for a change of date. As all states are different, call the clerk of the court in the district where it's filed and ask what you need to do to get a change of date. You'll probably have to go there to do it. While you're at it ask the clerk if a summons was issued and if so, who accepted it. The case should be public information now that it is filed and on record so if you ask nicely, you can probably get the clerk to tell you whatever you need to know. Good luck

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