Legal Question in Civil Litigation in Wisconsin

Motion to Reopen the matter and Vacate the Dismissal

I recently appeared to a trial date and the plantiff was not present at the time the commissioner took the bench to call both parties names. I was dismissed as the result. I recieved an affidavit from the plantiff's special counsel to reopen the matter and vacate the dismissal. The accusation made is that the affiant ''never saw me''. This in order to speak to me aside from the commissioner. A default judgment was not entered on my behalf. Under what conditions can I defend myself against the fabrications of the affiant?


Asked on 10/08/08, 1:45 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Motion to Reopen and Vacate Dismissal

You need to consult with a bankruptcy attorney or civil litigator as soon as possible, since I cannot advise you here unless I represent you. However, vacating a dismissal is fairly common for many different reasons, including a legitimate "mixup" in terms of who was present when a case is called. Cases can certainly be called more than once. One thing a person in your situation should have is a right to a hearing before the dismissal is vacated. At that time, your lawyer can tell the judge your story. In any event, even if a dismissal due to a nonappearance sticks, it normally would be a dismissal without prejudice. This means that hte plaintiff would have a right to refile the complaint against you in any event.

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Answered on 10/12/08, 5:36 pm


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