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Dear Customer, thank you for choosing Just Answer. I would like to assist you today. Do you know whether your case was dismissed with or without prejudice?
Thank you for taking my question
this is what it says online
i cant really tell if it was with or without
if it helps to look at what i am see
the court case number XXXXX
and the website is
My pleasure, I do hope I can be of assistance. In these cases, you generally can petition the Court for relief from the order as a "motion for reconsideration" or a motion for relief from default, but the distinction between a judge that has ordered a dismissal with prejudice and one without prejudice may make a difference. The Court is exercising its discretion when it issues these orders, and you are working to show the court why it should exercise its discretion to change its mind when it has the right to dismiss your case as a matter of law. (Generally, under the circumstances you have described, most courts would be inclined to reverse the order, but you will have to file the motion for reconsideration).
ok so i should go to the court house and look at the actual file and see if it says with or without prejudice
and if it says without then file the motion for reconsideration
what happens if it says with predjudice
And what would be the reasons listed in the motion
You can file the motion either way. The only reason I ask is that the way the Court has ordered it will give you an idea of the tenor of the Court's decision.
If the dismissal is "without prejudice" you may be able to address the matter more simply by refiling the action with a new complaint and serving a new summons - this way you are guaranteed of the result, a new case is filed and you can start again.
if i file the motion and they deny it does that mean that i can not refile the case
nothing has been heard on the case
You can refile your case as long as the dismissal is without prejudice.
it was only at the scheduling hearing stage
You can also file a new case if there are other grounds to file the complaint (this is a little more complicated and will bring up other issues such as related causes of action etc. as defenses for the defendant, but it is still possible).
ok and if it is WITH prejudice what are my options
I am having a little bit of difficulty pulling up your case on the website, can you give me the County you are in (I am trying to look it up quickly, so that makes it a little tough).
montgomery county curcuit court
If you are dismissed WITH prejudice, you cannot refile the same case on the same causes of action. You can file a different case with different causes of action and different facts (for instance, if the defendant is your landlord and he continues to violate the terms of the lease, you can file a new action based on the new breaches, but you cannot file it based on the claims in the current action.
which one does the judges look more favorable on. filing a new case or motions to reconsider?
i dont want to upset the judge before i even get before him..lol
I cannot tell you which one to file (I cannot give you specific legal advice or instruction, both because I am prohibited by the forum and because I don't have the knowledge of this specific judge to ensure I give you the proper advice - a self help desk or legal aid attorney would be best suited to do that).
I can tell you that hearing your motion for reconsideration, and the basis for the non-appearance would not be frivolous. In addition, allowing you to continue with the current suit would reduce the "waste of judicial time and resources" (a good phrase for these types of motions) as you would not have to start a brand new lawsuit and incur those additional costs and fees. Everyone has already appeared, and you would simply be bringing everyone in a second time.
I cannot promise how this will work out, the exercise of judicial discretion is something that attorneys guess at all the time, but making a party file a brand new lawsuit for no other reason than they missed a single appearance (with good cause) is particularly unusual.
I reviewed your court docket, it makes no reference to "with or without" prejudice. I would recommend that you pay close attention to whatever order is issued by the Court or proposed by the defendant and make sure that order does not come out "with prejudice" as that will quash your efforts to file a new case in the event your motion for reconsideration is denied.
thank you very much!!!
you were very helpful