An Order is a written direction or command delivered by a court or judge. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
New Hampshire Order Setting Aside Dismissal for Want of Prosecution is a legal measure designed to reinstate a dismissed case due to the failure of the party to prosecute or advance the case. This procedure allows individuals to revive their case even after it has been dismissed, provided they can present valid reasons for their lack of action. In New Hampshire, there are various types of Orders Setting Aside Dismissal for Want of Prosecution, each serving a specific purpose: 1. Default Dismissal Setting Aside: This type of order is issued when a case is dismissed due to the defendant's failure to timely respond or appear in court. If the defendant can demonstrate a valid excuse for their noncompliance, the court may set aside the dismissal and allow the case to proceed. 2. Dismissal Setting Aside based on Neglect or Lack of Prosecution: When a party fails to diligently prosecute their case by missing deadlines, failing to attend hearings, or not taking necessary action, the court may dismiss the case for want of prosecution. However, if the party shows good cause for their neglect or lack of action, they can petition the court to set aside the dismissal and continue with their case. 3. Dismissal Setting Aside due to Clerical Errors: Occasionally, a case may be dismissed solely due to administrative mistakes, such as misplaced documents or incorrect scheduling. In such instances, the court may set aside the dismissal to rectify the error and ensure justice is served. To obtain an Order Setting Aside Dismissal for Want of Prosecution, individuals must file a motion with the court, detailing their reasons for the lack of prosecution and providing evidence to support their claims. The court will then review the motion, along with any opposition from the opposing party. It's important to note that the court's decision to set aside a dismissal is discretionary and depends on the circumstances of each case. The party seeking to set aside the dismissal must show good cause, such as medical emergencies, procedural complexities, or unexpected developments that hindered their ability to prosecute the case. In summary, a New Hampshire Order Setting Aside Dismissal for Want of Prosecution is an avenue for parties to revive their case after it has been dismissed. Through this order, individuals can rectify their failure to prosecute by providing valid reasons and evidence to convince the court to reinstate their case.
