Full question:
I missed a pretrial conference in which I was the Plaintiff. The judge signed an 'Order of Dismissal with Prejudice'. I had won a judgement in small claims court and the defendant appealed the case to District Court. I did not receive a notification about the pre trail conference even though the courts said that one was mailed. What does this mean. What can I do?
- Category: Courts
- Subcategory: Dismissal
- Date:
- State: Utah
Answer:
If the defendant's case on appeal was dismissed with prejudice, then your judgment in small claims court remains enforceable. If the dismissal was stated to be with prejudice, that means it the same claim cannot be refiled later. That dismissal is a judgment against the party "on the merits" of the case, and extinguishes the claim that was being sued over. It is possible to file a motion to vacate the order of dismissal. You must have a good reason for not being able to attend the hearing, such as not being properly served or being ill.
A supporting affidavit may be attached to the motion. Bring whatever evidence you can to the hearing to show why you were unable to come to court the first time. An example of what to bring might be a letter from a doctor or a hospital bill, or a credible document stating your residence at the time the lawsuit was filed.
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.
