Skip to main content

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?

Attorney Answers 4


  1. 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.


  2. 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.


  3. 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.


  4. 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.