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If you file a petition to reopen your case and lose can you file a motion to reinstate?

Aurora, IL |

I filed a petition to reopen my case.It was granted, but I missed the courtdate.Do I file a motion to reinstate the petition or do I file a petiton to reinstate the petiton? I lost by default in a criminal proceeding 15 days ago.

Attorney Answers 2

Posted

You should file a motion to vacate the default entered against you. Most times, a timely motion to vacate with a reasonable explanation of why you failed to appear in court, will suffice. Beware, as the law requires certain motions to be filed within so many days of the Judge's decision that you are trying to overturn. These deadlines can be very short.

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Posted

You could consider a motion to vacate,........ but.......use a lawyer. Youmight find my Legal Guide helpful "How to Choose a Lawyer for you.” DO NOT WAIT.

http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you

You might find my Legal Guide helpful "What Do I Tell My Lawyer"?

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

No one can know what the record is in the case because online we cannot find out any details. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless. Best of luck to you.

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