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Roger
Roger, Attorney
Category: Personal Injury Law
Satisfied Customers: 26425
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I am suuing pro-se for a personal injury I suffered. They got

Resolved Question:

I am suuing pro-se for a personal injury I suffered. They got the case dismissed because I didn't send them my medical recrords and I failed to answer the interogatories by a certain dates. What steps or motion do I need to file to re-open the case?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Personal Injury litigation attorney. Thanks for your question.

Do you know whether your case was dismissed with or without prejudice?
Customer: replied 1 year ago.


without prejiduce

Expert:  Roger replied 1 year ago.
Ok. Thanks for the information.

You can't reopen the case that has been dismissed, BUT you can file a new case since the dismissal was entered without prejudice. If the case was dismissed with prejudice, you would not have the right to re-file at all.

You would literally start your case all over.
Customer: replied 1 year ago.

Did they need a motion hearing to dismiss the complaint?


 


does it affect the statue of limiations if the injury happened in 2010.


 


it seems wierd to start the case over. Is their any penalities associated with it


 

Expert:  Roger replied 1 year ago.
Yes, the other party should have filed a motion to dismiss.

Yes, the statute of limitations would apply, and would run from the date of the incident.

If a case is dismissed without prejudice, starting over is the only option UNLESS you appeal the court's decision and win the appeal.

An appeal usually has to be filed within 30 days of the entry of the dismissal order.

In your case, if statute of limitations has run by now, then you may be prohibited from re-filing the motion because the time has run. If that's the case, your only option may be to file an appeal of the dismissal.
Customer: replied 1 year ago.

I filed an objection of the motion to dissmiss the complaint after the complaint was dismissed because they didnt answer enough questions on their end of the interrogatories. I still haven't heard back from the judge yet.


 


How do you appeal a court decision?

Expert:  Roger replied 1 year ago.
Yo have to file a notice of appeal to get things going. The best I can provide is the following link, which gives instructions on how to file your appeal as well as forms: http://www.judiciary.state.nj.us/appdiv/forms/10502_appl_notice_appeal_prose.pdf
Roger, Attorney
Satisfied Customers: 26425
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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