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Missouri Motion to Vacate Order of Dismissal and Reinstate Case - Pro Se

State:
Missouri
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MO-SKU-0377
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Motion to Vacate Order of Dismissal and Reinstate Case - Pro Se

A Missouri Motion to Vacate Order of Dismissal and Reinstate Case — Pro Se is a legal filing in which a party, who is not represented by an attorney, requests the court to vacate a prior dismissal of their case and reinstate it. The motion must be filed within 30 days of the dismissal order. It must include the reasons why the dismissal should be overturned, such as newly discovered evidence or a mistake of law or fact. If granted, the motion allows the case to proceed as if the dismissal had never occurred. The two types of Missouri Motion to Vacate Order of Dismissal and Reinstate Case — Pro Se are: 1. Motion to Vacate Order of Dismissal and Reinstate Case — Pro Se 2. Motion to Vacate Dismissal and Reinstate Case — Pro Se Non-Default.

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FAQ

Motion to Vacate, Set Aside, or Correct the Judgment or Sentence: This form is used to ask the court to vacate, set aside or correct a judgment or sentence in a criminal case where the crime was a felony.

? All motions made shall be made within the time allowed for responding to the opposing party's pleading or, if no responsive pleading is permitted, within twenty days after the service of the last pleading.

Rule 74.11 - Satisfaction of Judgment (a)Acknowledgment of Satisfaction. When any judgment or decree is satisfied, the judgment creditor shall immediately file an acknowledgment of satisfaction.

A motion to set aside a default judgment is an ?independent action?, which means the judge's decision granting or denying the motion must be entered as a separate judgment. The parties then generally have thirty days from the date on which that judgment is entered to appeal it.

Rule 74.06(b) states: On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment or order for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) fraud (whether heretofore denominated intrinsic or extrinsic),

Upon motion stating facts constituting a meritorious defense and for good cause shown, an interlocutory order of default or a default judgment may be set aside. The motion shall be made within a reasonable time not to exceed one year after the entry of the default judgment.

If you did not go to your small claims court date, you can ask the court to cancel (vacate) what the judge decided that day and get a new court date.

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Missouri Motion to Vacate Order of Dismissal and Reinstate Case - Pro Se