Legal Question in Civil Litigation in Massachusetts

I was plaintiff in superior court and not file opposition on summary judgment R. 56 and not appear to court for the hearing, the case was dissmised. can i file other case for the same defendants on the same matter


Asked on 12/28/11, 3:37 pm

4 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

It depends on why the case was dismissed. If it was dismissed on the merits you can not. If it was dismissed on procedure, you may be able to file the case again.

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Answered on 12/28/11, 3:51 pm
George Davis Law Office of T. George Davis, Jr.

Following up on Attorney Oransky's comment, I suggest that you contact the court clerk, and check the docket to see if the court dismissed the case "with prejudice," which would indicate that the case was dismissed on the merits, and that you cannot re-file. Based on what you have said, however, my guess is that the court most likely dismissed the case on procedure because you failed to appear, and not on the merits. Good luck.

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Answered on 12/28/11, 6:10 pm


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