0
What is the procedure court order of dismissal motion to vacate?
Wiki User
∙ 9y ago
Talk to a lawyer, because it will depend very much on the details.
Wiki User
∙ 12y ago
Add your answer:
Earn +20 pts
What does motion and order to vacate hearing mean?
A motion to vacate dismissal is a request made to the court to "re-open" a case. There is an order of dismissal if a party failed to appear for a hearing, if it is determined by the court that a party has not stated a claim upon which relief may be granted or any number of other reasons. The party that the order of dismissal is against, will file this motion indicating justifiable reasons for which dismissal would be unjust to the moving party.
In a court of law what does instanter dismissing mean?
The answer to your question is: Instanter means the court dismisses a usual civil proceeding instantly upon filing, though that fact may not become evident to some other date following the filing of the proceeding; but it is dismissal by the court without a motion by an opposing party; or without a motion from the judge (sua sponte dismissal), such motion known as a show cause order. Usually the Plaintiff can file an amended pleaded after instanter dismissal, however, instanter dismissal is usually unauthorized by law, as court is usually prohibited from dismissing a case without a motion from a party except where the dismissal is for lack of subject matter jurisdiction; then the court may dismiss on its own motion known as sua sponte dismissal.
How many days period of limitation for filing an application for the restoration of the suit?
If you are referring to a case that got dismissed for lack of prosecution, the time limit may vary according to state law. Generally, however, it is beneficial to apply to the court with a Motion to Reinstate (or it called be called a Motion to Vacate Dismissal) as soon as possible. It is important to demonstrate promptness in trying to get the case reinstated. The motion should set forth valid reasons for not appearing in court, filing a required pleading, or not doing whatever may have led to the dismissal. A copy of the motion has to be mailed to the other party. Call the Clerk of Court or the Judge's office to determine if a hearing will be needed on the motion.
How do you fight a motion to dismiss in civil court?
Have your attorney argue the facts that show there are no grounds for dismissal.
In Cook County eviction court can a 'Motion to Spindle' override a court order to vacate premises?
In order to give a definitive answer one would need to know what the motion was, 'spindle' simply indicates that a motion of some sort has been filed.
What is motion to vacate dismissal of divorce?
It depends on your state. And may even depend on your local community. If this is federal court it could vary depending on the district. If you know what state or district you're filing the document in, try Googling "motion to vacate" + "Illinois" + "state" for example.
What does acd mean in legal terms?
Adjournment in Contemplation of Dismissal (ACD) means that the court has adjourned from hearing the case in consideration of a dismissal of charges. This typically indicates that the charges pressed against the defendant are soon to be dismissed as a motion for dismissal is being granted.
How do you contest a judgment against you?
File a Motion To Vacate in the court where the judgment was entered against the defendant. Contact the office of the clerk of the court of jurisdiction for information on the procedures and the forms required for filing.
How do you contest a fraudulent judgment against you?
File a Motion To Vacate in the court where the judgment was entered against the defendant. Contact the office of the clerk of the court of jurisdiction for information on the procedures and the forms required for filing.
How long after you file an answer in a civil suit does the plaintiff have to proceed with the lawsuit before I can file a motion for dismissal for non prosecution?
It depends upon the jurisdiction in which the case is pending, and the type of case involved. Frequently, in a civil suit that is pending in a court of general jurisdiction, there must be a period of inactivity for a year; however, the precise time is governed by the rules of procedure for that court. Additionally, the time may differ if the case is pending in a "specialty" court, such as Small Claims. Different rules of procedure often apply, including a shortened period of inactivity before the case is subject to dismissal for lack of prosecution.
What is a motion stipulation in criminal proceedings?
Stipulation Once a defendant has served an answer to the plaintiff's complaint, the plaintiff may obtain a dismissal without prejudice by entering a formal agreement, a stipulation, with the defendant. The parties agree to the terms of the dismissal, which must be filed with the court clerk and put into effect by the action of the clerk. A dismissal agreement is a court order that enforces the stipulation of the parties. A dismissal by stipulation is a dismissal without prejudice unless the parties otherwise agree and record their agreement in the text of the stipulation.
How does one go about trying to pay off a small claims court debt in the state of California if the judgment is a number of years old?
You should first try to contact the plaintiff. Contact the court to get the plaintiffs' current information, including if they have assigned the judgment to a 3rd party. If you cannot contact the plaintiffs using the latest info on file at the court, you will need to file a motion to vacate the judgment. See an attorney for the motion to vacate--look in the phonebook for one who gives "free consultations."
