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Got a letter from plantiff attorney stating they are

Customer Question
Got a letter from...

Got a letter from plantiff attorney stating they are striking the case from court docket .by asking for a motion to strike

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

South Carolina under rule40j

Lawyer's Assistant: Has anything been filed or reported?

Yes we had meditation and we have new evidence against his client civil breach of contract other than that I haven't filed anything

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What should I do they can reopen the case in 1yr

Submitted: 1 month ago.Category: Legal
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Answered in 17 minutes by:
3/14/2018
Lawyer: Bill Attorney, Lawyer replied 1 month ago
Bill Attorney
Category: Legal
Satisfied Customers: 2,011
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Dear Customer ,

Thank you for posting your civil procedure question this evening. I'm attorney Bill assisting you.

Rule 40j does allow the case to be reopened after one year upon application to the court and it tolls the statute of limitations.

Your consent is required in filing a 40j application.

DO you have a copy of the letter sent to your from the attorney.

The law in relation to 40j is the following:

"Rule 40(j) does not require that a party move to restore the case to the docket within one year after it was stricken. Instead, the unambiguous language provides that, if the claim is restored within one year after it is stricken, the statute of limitations is tolled for that period. [1] This conclusion is supported by the Notes to Rule 40 (“Rule 40(j) now requires all adverse parties to consent to the dismissal in writing, but, the consent also operates to toll the statute of limitations for one year after the case is stricken from the docket as to each consenting party.”) and language in Graham v. Dorchester County School Dist., 339 S.C. 121, 125, 528 S.E.2d 80, 82 (Ct. App. 2000) (Rule 40(j) requires motions to restore within one year of case being stricken “to take advantage of the tolling of the statute of limitations.”). A party can move to restore a case to the docket more than one year after the claim was stricken without running afoul of Rule 40(j); the party simply cannot take advantage of the one year tolling period provided by the rule. "

We are here to help so please follow up with me as required.

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Customer reply replied 1 month ago
what do I need to do?if the evidence about the case has expired before the case is reopen I will not be able to use it. And is this case dismissed or put on. hold
Lawyer: Bill Attorney, Lawyer replied 1 month ago

The dismissal is temporary for 1 year pursuant to this rule and it serves to preserve the right to sue thereafter.

SO it may not be in your interests to consent to this dismissal pursuant to 40j

I would need to review your court letter to offer more information.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated.

Best

Attorney Bill

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