Q: My motion to vacate DVRO was dismissed With Prejudice. However, NEW EVIDENCE shed light. How to re-file ?
Motion to vacate DVRO was dismissed With Prejudice and I am assuming it was due to me not appearing, but I tried to connect through Courtcall as I was approved for it and I wasn't successful. Courtcall didn't have my name listed and they said I have to pay $72 which I wasn't told about prior. So, this entire DVRO was is so Void and Illegal, because I was served improperly by a witness. The court commissioner lacked authority as I never knew about any stipulation for appointing him. And a subpoena was used against me without knowing what's the content of such response to the subpoena and then destroyed shortly after issuing DVRO. My ex actually sent me copies if subpoena response by witness 3 months after.
Now, I have a NEW EVIDENCE that reveals the severe, extreme harmful reports submitted by witness to the subpoena. And this new evidence is so great in my favor that it truly shows the entire truth.
Please, how can I refile to vacate the DVRO based on New Evidence?
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A:
You may still have options to challenge the DVRO despite the dismissal with prejudice. Since you now have new evidence that wasn't available at the time, you can file a motion for reconsideration under California Code of Civil Procedure section 1008. In this motion, you will need to explain why this new evidence is significant and how it could change the outcome of the original order.
Additionally, you may want to consider filing an appeal, though it's important to note there are strict time limits for doing so. If your motion to vacate was dismissed because of failure to appear, you can explain the issues you encountered with Courtcall in your motion. Be clear and detailed about how these problems impacted your ability to present your case properly.
Finally, you should gather all relevant documents, such as proof of your attempt to connect through Courtcall and any communication regarding the subpoena. Present this along with the new evidence to support your argument. Ensure that you meet any court deadlines to avoid missing your chance to address these issues.
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