Legal Question in Civil Litigation in Alabama

Plaintiff 'no-show' at Status Hearing

Plaintiff did not appear for Status hearing in Cook County.I provided the court with proof via certified mail that they were notified. Court kept orginal proof of receipt. Judge dismissed the case DWP. What does this mean? Can Plaintiff file a Motion to Vacate Dismissal in 30 days or will they have to refile the complaint?


Asked on 6/22/05, 4:40 am

1 Answer from Attorneys
Nima Taradji Taradji Law Offices

Re: Plaintiff 'no-show' at Status Hearing

It means: Dismissed for Want of Prosecution. The plaintiff has 30 days to file a Motion to Vacate and if he does, it will certainly be granted. He can also file the Motion after 30 days, in which case, you may object and he has to show good cause why the Motion should be granted. If the Motion is not granted, the Plaintiff has 1 year to refile his case and to start again.

I hope this helps,

Nima Taradji

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Answered on 6/22/05, 5:35 am


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