US Legal Forms
Legal Resources
Questions & Answers
Civil Actions
How would I get a motion for continuance due to a medical emergency?

How would I get a motion for continuance due to a medical emergency?

Q: Can I reopen a case that was dismissed without prejudice?

Yes, you can reopen a case that was dismissed without prejudice. This type of dismissal allows you to refile your case without any penalties. However, you must do so within the statute of limitations for your claim. Ensure you follow the proper procedures and file any necessary motions or complaints to initiate the process.

Q: Can a case be dismissed without going to court?

Yes, a case can be dismissed without going to court. This can happen if one party voluntarily withdraws the case or if the court dismisses it based on a motion filed by one of the parties. Dismissals without prejudice allow the party to refile the case later if needed.

Q: What is the stipulation to dismiss without prejudice?

A stipulation to dismiss without prejudice is an agreement between parties to dismiss a case while preserving the right to refile it later. This type of dismissal does not affect the merits of the case and allows the party to bring the same claim again within the applicable statute of limitations.

Q: Why would a civil case be dismissed without prejudice?

A civil case may be dismissed without prejudice for several reasons, including the plaintiff's decision to withdraw the case, failure to comply with court procedures, or a lack of evidence. This type of dismissal allows the plaintiff to refile the case later if they choose to do so.

Full question:

I was ill and could not attend superior court hearing dealing with my civil case. I have doctors letters and more. My unlimited civil case was dismissed without prejudice. I need to know how to get my case back on the court calendar back on calendar. What process/ forms/ pleading do I use? I am still ill and need more time, as my doctors have requested for me and I wish to delay next hearing to show I have secured an attorney. What is the form for the pleading/motion I need and how do I fill it out. What verbiage do I use?

Category: Civil Actions
Date: 04/07/2025
State: California

Answer:

A motion for extension of time (continuance) may be granted in the court's discretion to allow a party more time to act in a litigation matter. The court will often grant the motion when the moving party can show a justifiable reason for the delay and is not seeking a delay merely for the purpose of delay or for an improper or harassing motive. Requiring additional time to obtain evidence, witnesses, or assistance of counsel is generally considered a proper motive. The court is more likely to grant an extension when there hasn't been a previous request(s) for additional time. Sometimes a continuance may be stipulated to by the opposing party's attorney and the court may be more likely to grant the extension when it has been stipulated to by the opposing party or their attorney.

A lawsuit is begun and entered into the court calendar by the filing of a complaint. The precise type of complaint filed will depend on the issues involved. When a case has been dismissed without prejudice, it is possible to refile the complaint. A complaint must be filed within the applicable statute of limitations, which varies by state and nature of the claim.

We can assist you with searching to locate forms or we can draft and add forms you may need to our database. However, we cannot advise you to use one particular form over another. We can show you what is available. Please see the forms at the links below to see if they meet your needs or let us know if you would like us to draft a form to meet your needs. You may order forms online or by phone by calling Toll Free: 1-(877) 389-0141 - 8:30-5:00 Central Time Zone Monday – Friday.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How long can a case dismissed without prejudice be reopened?

A case dismissed without prejudice can typically be reopened within the statute of limitations for the specific claim. This period varies by state and type of case, so it's essential to check your state's laws. For example, in California, the statute of limitations for personal injury claims is generally two years from the date of the incident. Always verify the specific time limits applicable to your situation.

Can I reopen a case that was dismissed without prejudice?

Can a case be dismissed without going to court?

How long to refile after dismissal without prejudice?

The time allowed to refile after a dismissal without prejudice depends on the statute of limitations for your specific claim. This period varies by state and type of case. For example, in many states, the statute of limitations for breach of contract claims is typically four to six years. Make sure to check your state's laws for the exact timeframe.