Zulator

Motion to vacate dismissal

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Those bastards just don't give up do they? I just got the motion to vacate the dismissal. One of the reasons the case got dismissed is due to the plaintiffs lawyer not showing up for the pre-trial, he called to tell them he had "car troubles". In the motion they use the excuse that they "mis-calendared" the date. Do I have to answer this thing and what are the chances the judge will reverse his decision?

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What usually happens under these circumstances? Is there a way you can check online? I would tend to think the dismissal will be vacated a lot of the time if they really did miscalendar the case it would be pretty prejudicial to dismiss the case over a small error.

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What usually happens under these circumstances? Is there a way you can check online? I would tend to think the dismissal will be vacated a lot of the time if they really did miscalendar the case it would be pretty prejudicial to dismiss the case over a small error.

Even if he initially used the excuse of having "car problems"? Why wouldn't the judge just reschedule the pre-trial if he felt there was a legitimate reason they didn't show, instead of dismissing the case?

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I also just noticed that the label on the front of this letter has my address wrong. I wonder if that was a mistake or if they were hoping this didn't get to me?

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