Q: Refile dismissed motion or something different?
I was sued for collection on an account I defaulted on. I answered the complaint and filed a motion to dismiss and compel arbitration. The plaintiff filed for a hearing today at 9:30. I got the schedule and my case was scheduled at 10:30. When I arrived at the courtroom my hearing had already been conducted and my motion dismissed for failure to appear. The judge allowed me to be heard and said that the plaintiffs attorney had come from 3 hours away and he couldn't have a do over because of that but that I could refile and that had I been there you would have been very likely to compel arbitration. He also chastised the clerk for not having it printed on the schedule that times were approximate and court starts at 9:30. My question is do I simply file the same motion again word for word or do I have to do something different?
A: You can refile the same motion. Talk to the Clerk's office before filing it to see if you have to pay the Motion hearing fee again. If you have to pay another fee to request a hearing on the new motion, I suggest calling it an "Amended" Motion just to keep things straight. Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
