We filed a Motion to Quash, and we missed our Court date because at the same time of court, my husbands Mother passed and he had to make a decision on life support. I immediately called the court to get a message to the judge clerk. Long story short. The judge dismissed it because we failed to appear. I wanted to know if we can refile it because it was neither heard or denied? OR is that a one shot deal?
What you didn't say was whether your Motion was opposed by the other party. That could make a difference. You should check the court file to see the Minute Order of the court. If the judge simply denied the Motion because you did not appear at the hearing, then the Motion can be refiled. In a declaration to accompany your papers, indicate why the first hearing was missed, etc. You should refile the Motion as soon as you can.
You can usually refile it. Check with the court clerk as to whether or not the judge dismissed it or dismissed it with prejudice. The timeliness of the motion may be important under these circumstances.
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