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  1. #1
    Join Date
    Jul 2006
    Posts
    2

    Default Dismissal without prejudice Missouri

    Judge gave me a dismissal w/o prejudice due to the fact that the plantiff had not submitted paperwork properly. Since then the plantiff has found that it was a clerical error by the court. They have asked for a motion to set aside and for a default judgement since I had not responded to discovery. The day the judge ruled we were scheduled for a bench trail. The plantiff was not prepared to proceed with the case so the judge dismissed the case. Do I need to respond to the motion to set aside and if so what do I need to say? I did not get the discovery document in time for me to respond by mail so I brought them to court, but since the judge dismissed the case I figured I should keep my mouth shut.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Dismissal without prejudice Missouri

    You should respond to the motion. What you would say depends upon the law and civil procedure of your state, and the allegations in the motion.

  3. #3
    Join Date
    Jul 2006
    Posts
    2

    Default Re: Dismissal without prejudice Missouri

    Can the plantiff ask for a default judgement after the judge dismissed the case? Since the day of the bench trail he chose not to ask for a default judgement and now he wants a judgement after the fact, since the judge dismissed the case. Is that possible?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Dismissal without prejudice Missouri

    It depends upon the rules of civil procedure in your state, and what happened prior to the dismissal. If it is a nonappearance default and you were present in court, normally your appearance in court would prevent a default. But I have no procedural history for your case and don't practice Missouri law, so I don't know whether there is a basis for a default against you.

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