Q: Is it correct sequence of events for setting aside dismissal?

A: It is not quite the way you have suggested... But it impossible to give you specific help in a forum like this. The reason the case was dismissed is the most important elements. And there are many factors that need to be considered in determining if it can be set aside. You should have a consultation with an attorney to discuss your options.

A: Pretty much. Not exact, but the sequence you've outlined is generally correct for the process of seeking to set aside a dismissal in a legal case. The process begins with the submission of a motion to set aside the dismissal to the court. This motion is your formal request asking the court to reconsider and possibly reverse its decision to dismiss the case.

After the motion is submitted, the court will review it and decide whether to accept or reject the motion. If the court decides to consider the motion, it may also review any amended complaint that accompanies the motion or is submitted subsequently. This step is crucial as it presents an opportunity to address any issues that led to the initial dismissal.

Following the submission and potential acceptance of the motion and any amended complaint, these documents must be served on the defendant, who then has the opportunity to object to the motion. The plaintiff may also have an opportunity to reply to the defendant's objections. Finally, a hearing may be scheduled where the court will make a decision based on the documents and arguments presented by both parties. At this hearing, the court will decide whether to vacate the dismissal and potentially allow the case to proceed. This process is designed to ensure fairness and give both parties a chance to present their case.