Legal Question in Civil Litigation in Massachusetts
i am a defendant in a civil case that was dismissed .plaintiff failed to appear .this was 10-19-2010 . on 12-29-2010 i recieved a letter that the plaintif has filed a motion to remove dismissal ,scheduled for 1-11-2011 .will this be allowed? ,can i file an objection/
4 Answers from Attorneys
The plaintiff's motion to remove the dismissal may be allowed. The judge has the final decision.
It is very likely that the plaintiff's motion will be allowed. It does not mean that you cannot oppose it. You may find that opposing it gives you some leverage with the plaintiff and that it helps create a moment condusive to settlement. If you would like some assistance, please feel free to contact our office.
What is the reason for the other person's filing to vacate the order?
You should oppose the motion and focus on the failure to provide a proper basis for the failure to appear leading to the right to the case being made active again
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