What is this? Court setting aside dismissal?

[StardusterToo]

Location: Utah District Court

I just got this letter from the court.

Upon review of the Record it has come to the Court's attention that the Order Granting Defendant's Motion to Dismiss was granted and signed on (date omitted) after the pretrial held on (date omitted) in which counsel was granted additional time to complete discovery. Therefore, it has been found that the Order Granting Defendant's Motion was signed in error it is hereby set aside.

I was never informed by the Plaintiff or the Court of such an extension. I wasn't even informed that it was granted.

How should I handle this?

Sucks!!! My victory just up and left me.

[Coltfan1972]

Obviously not what you wanted to hear, but what's next? Regroup and make them curse the day they got that dismissal set aside. Time to reload. They have been given a second chance at life, time to make them wish they would have just stayed down.

[StardusterToo]

Thanks for such a quick reply. I was hoping to avoid this though. We left off with them trying to get me in trouble for not properly answering their interrogatories and I was trying to get them in trouble for not following the rules for it.

The Court even bounced back a boat load of papers I had tried to file earlier.

What a mess.

[legaleagle]

Find out how much time they got to respond to discovery. Don't you remember this? It probably took place at the hearing. If they send your stuff back, that means you are not following procedure. You need to study more.

[StardusterToo]

The plaintiff did have a discussion with the judge that I was excluded from. So, I don't really know what happened. Go figure.

I was using the night box at the court to stamp and submit a lot of my papers. When I got notice in the mail that the case was dismissed, the envelope included all the papers that they couldn't accept on a closed case. So, I now have to file them all over again and a few of those things only allowed 5 days to submit a response.

One thing that came back was my motion for scheduling. Those jerks told me that discovery was going to last as long as they wanted. But, it looks like they are trying to use both the old and new rules of civil procedure. Otherwise, they wouldn't have needed to ask for an extension. Busted!!!

I'll keep trying to contact the court clerk. It would be really nice to find out how the time frame for discovery is going to be affected.

Thanks for the input. It's much appreciated.

[jq26]

In the county where I live, I have a free online account where all filings are submitted from the comfort of my home office. No fee for filing remotely. And anything that requires fees such as motions are paid remotely with a credit card at the time of filing. I even get emails that provide me details of any docket activity of any case I'm involved in. This system is for attorneys and anyone else. Maybe your county has something like this? It would be so much easier for you...

[BV80]

The plaintiff did have a discussion with the judge that I was excluded from. So, I don't really know what happened. Go figure.

I was using the night box at the court to stamp and submit a lot of my papers. When I got notice in the mail that the case was dismissed, the envelope included all the papers that they couldn't accept on a closed case. So, I now have to file them all over again and a few of those things only allowed 5 days to submit a response.

One thing that came back was my motion for scheduling. Those jerks told me that discovery was going to last as long as they wanted. But, it looks like they are trying to use both the old and new rules of civil procedure. Otherwise, they wouldn't have needed to ask for an extension. Busted!!!

I'll keep trying to contact the court clerk. It would be really nice to find out how the time frame for discovery is going to be affected.

Thanks for the input. It's much appreciated.

What was the discussion with the judge about??? There are rules about ex parte communications.

[StardusterToo]

Over here, aside from initiating a cause of action, there aren't any filing fees. Unfortunately, the state has contracted with XChange to offer access to court records. They charge a $25 setup fee and a $30 monthly access fee. It's just a little too expensive at the moment.

Been using the federal pacer thing for years and only had to pay them $20 for all that time.

Has your county contracted out that service? It sure would be nice to have some of those features.

[StardusterToo]

What was the discussion with the judge about??? There are rules about ex parte communications.

I don't know. The court cop pointed to the exit and the plaintiff said he was going to tell the judge that an agreement wasn't reached. No one was going to let me near the judge. It appears to be a rather big mistake on my part to head out after the conference.