Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action 2025

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The purpose is to request the court to overturn a previous dismissal of the case and allow it to proceed.
The Plaintiff or their attorney can file this motion if they believe there are valid grounds for reinstating the case.
Common grounds include mistakes, inadvertence, excusable neglect, or having a meritorious cause of action.
You can upload the document to DocHub, use editing tools to make changes, and then save or export your edited version.
You need to provide details such as names of parties involved, dates of events, and specific court information.
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People also ask

When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate . The phrase is often used in the context of appeals , when an appellate court invalidates the judgment of a lower court. For example, in Eckenrode v.
MOTION TO SET ASIDE FORFEITURE UNDER 18 U.S.C. 983(e) 983(e), which allows a person entitled to notice of a forfeiture proceeding but did not receive such notice to petition the court to set aside the forfeiture.
A set aside in simple terms means that a court vacates or voids a prior order, as if the order never existed. Before a court will set aside a judgment or order, there must be a clear statutory basis for the set aside, and facts that warrant the order vacated.
If the judge grants your motion to set aside the Judgment of Dismissal, your case will be reopened at the point at which it was dismissed. You will need to take action to bring your case to a conclusion.
Once the judgment is set aside, the case starts up again. If you do not file an answer with the court to defend against plaintiffs complaint, you could again be defaulted and another default judgment could be entered against you.

what is a motion to vacate