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Can a civil case that's been dismissed with prejudice be reopened if the agreement was made without one party's consent?

Freehold, NJ |

In this case the plaintiff's attorney made the decision to do so without their client's consent. Are there ways to get the case reopened, especially given this type of circumstance?

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Attorney answers 4

Posted

it depends on the reasons why it was dismissed with prejudice.

Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship. There are always specific facts that are important for an attorney to review before providing advice to a Client. In no way should you rely on the response provided herein to conduct your legal affairs on your own. You should always hire an attorney before you rely on advice provided.

Asker

Posted

it was dismissed because my attorney said I agreed to do so, but I did not.

Asker

Posted

it was voluntary by my atty, not by myself

Raymond Andrew Grimes

Raymond Andrew Grimes

Posted

normally, with prejudice means that the case is over forever.

Asker

Posted

Does this apply even if I, as the plaintiff was not notified of or made a party to the stipulation?

Raymond Andrew Grimes

Raymond Andrew Grimes

Posted

You would have to file a motion to vacate the dismissal and submit all your facts, etc. to the judge.

Posted

There's not enough information here to hazard an answer.

A response to a question posted on Avvo is not intended to create an attorney-client relationship. It is informational only. Allan E. Richardson, Esq. arichardson@employmentlaw-nj.com Richardson, Galella & Austermuhl 142 Emerson ST., Woodbury, NJ 08096 856-579-7045.

Posted

I am assuming the case was dismissed over objection of a party. Usually the court requires the attorney or the party to appear before this happens in some circumstances.

Why was the case dismissed? Need to know this.

Asker

Posted

Plaintiff's atty struck a deal with defendant's atty without plaintiff's consent or knowledge.

Posted

A motion could be filed to reopen the matter, explaining the facts supporting the request. An affidavit or certification as to the facts would also be required. The sooner such a motion is filed the better.

Nothing herein is intended as legal advice or to establish an attorney-client relationship. You should engage an attorney to represent you in this matter.

Asker

Posted

How would I go about getting an affidavit or certification of the facts?

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