![]() The reasons for a dismissal vary greatly. If all of the parties are present, you may have the trial right away, therefore you should also bring your evidence and witnesses.A motion to dismiss is a formal request for a court to dismiss a case. If the judge decides you had good cause, the judgment will be canceled and you will get a new trial. The plaintiff can go to court to oppose your Motion. At the hearing, the judge will decide if you had "good cause" for not going to the hearing. The clerk will schedule a hearing for your Motion and mail a copy to the parties. This means that you do not have to pay the judgment while the Motion is pending. The plaintiff cannot enforce the judgment until the Motion is heard. If you are unable to pay the filing fee, you may apply to the court to have the fees waived. File your documents at the court where the case was filed. Use the form called Notice of Motion to Vacate Judgment and Declaration (SC -135) to say why you did not go to court or why you were not properly served. Exception: If you were not properly served with the Plaintiff’s Claim, you have 180 days to file. ![]() You have 30 days to file your motion from the date the clerk mails you the Notice of Entry of Judgment (SC -130). If you are the defendant and you did not go to court, you can ask the court to "vacate" (cancel) the judgment if the court ordered a judgment in favor of the plaintiff. What to Do If You Did Not Go to Court - Defendant DEFENDANT’S MOTION TO VACATE THE JUDGMENT: If the defendant has not paid, the plaintiff can start proceedings to enforce the judgment. ![]() If an Appeal or Motion is not filed in 30 days, it will be final. ![]() This section will explain the procedure to file an Appeal or Motion to Vacate the Judgment.
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