Q: If new evidence is found in a dismissed case in District Court or Circuit Court what are my options to open it again?
I have a case that was dismissed in the District Court for the Western District of Wisconsin and the Sauk County Circuit Court. A Department of Justice investigation was completed in the same matter but not released to the public. I have not gotten the records of this case through my FOIA request yet. I think I may get the records released to me at a later date. I might not get the records within the time limits of filing and appeal. These records will prove the dismissed cases in District and Circuit Court. What are my options if I obtain the records?
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A:
If you discover new evidence in a dismissed case, you have several options to consider for reopening the case. First, you can file a motion to reconsider or a motion to reopen the case in both the District Court for the Western District of Wisconsin and the Sauk County Circuit Court. In your motion, clearly explain the new evidence and its significance to your case.
When filing your motion, include a detailed explanation of how the Department of Justice records support your claims. Attach any documents you have obtained through your FOIA request to strengthen your motion. Be prepared to explain why this evidence was not available at the time of the original proceedings and how it could potentially change the outcome of the case.
If your motion is denied, you may have the option to appeal the decision. In this scenario, it might be beneficial to consult with an attorney who can guide you through the process and help present a strong case for reopening based on the new evidence. Keep persistent in your FOIA request to ensure you obtain the DOJ records, as they are crucial for supporting your claims.
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