Motion to Vacate Dismissal and Reinstate Civil Case

Asking to reopen a dismissed case

In some situations, a party can ask to reopen a civil case that has been dismissed (closed) by the court.

If the case was dismissed by the court because of:

  • lack of prosecution, meaning there has been no activity in the case for a long time, or
  • failure to serve within 120 days of filing, or
  • failure to pay the filing fee,

a party can ask to set aside or "undo" the dismissal, and continue moving forward with the case.

Utah Rule of Judicial Administration 4-103 and Utah Rule of Civil Procedure 60(b)(1).

 

Requirements

The person asking to reopen the case must do so within 90 days of the dismissal.

The request must include an explanation of what mistake, inadvertence, surprise, or excusable neglect caused the case to be dismissed.

 

Procedure

In Judicial Districts 1, 2, 3 and 4, commissioners are assigned to hear motions in divorce cases and several other types of family law cases. Motions decided by a judge and motions decided by a commissioner follow different procedures.

If you are not sure whether your case is assigned to a judge or commissioner, find out. Call the court, or look at the caption of the complaint or petition. If a commissioner's name has been listed in the caption, the motion will probably be decided by a commissioner.

Motions decided by a judge are governed by URCP 7. A judge will not rule on a motion until the time for filing an opposition to the motion has passed and a Request to Submit for Decision has been filed.

Motions decided by a commissioner are governed by URCP 101.

See the Motions web page for information about the difference in procedures and timelines depending on who is deciding the motion.

 

Forms

 

Information about filing documents in existing cases by email

 

The forms you need depend on your case. What is your case about?

What forms you need depend on whether your case is before a commissioner or a judge.

Forms for the Moving Party
Required forms for the moving party
  • Motion To Vacate Dismissal and Reinstate Case - Commissioner - PDF | Word
  • 1111FA
  • 1141FA
Optional forms for the moving party
  • 1108FA
    (to be used with exhibits, if any)
  • 1109FA
    (to be used to describe voluminous exhibits, if any)
  • 1105FA
    (if the other party agrees to the motion after it has been filed)
  • 1107FA
    (if someone other than the moving party has a statement to make)
  • 1106FA
    (if the other party has disagreed with the motion and the moving party wishes to respond)
  • 1113FA
    (Used to object to the proposed order)
Forms for the Opposing Party
Required forms for the opposing party
  • 1104FA
Optional forms for the opposing party
  • Counter Motion - PDF | Word
    (if the opposing party has new arguments to make in response to the moving party's motion)
  • 1108FA
    (to be used with exhibits, if any)
  • 1109FA
    (to be used to describe voluminous exhibits, if any)
  • 1105FA
    (if the other party agrees to the motion after it has been filed)
  • 1112FA
    (if the opposing party is directed to complete the order)
  • 1113FA
    (Used to object to the proposed order)

Forms for the Moving Party
Required forms for the moving party
  • 1140FA
  • 1110FA
    (filed after all documents have been filed, or the time has passed for the other party to respond)
  • 1141FA
Optional Forms for the Moving Party
  • 1102FA
    (if both parties agree to the motion before it is filed)
  • 1105FA
    (if the other party agrees to the motion after it has been filed)
  • 1107FA
    (if someone other than the moving party has a statement to make)
  • 1106FA
    (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond)
  • 1111FA
  • 1113FA
    (Used to object to the proposed order)
Forms for the Opposing Party
Required forms for the opposing party
  • 1104FA
Optional forms for the opposing party
  • 1105FA
    (if the opposing party agrees to the motion after it has been filed)
  • 1003FA
  • 1111FA
  • 1110FA
    (if the other party has not filed this document)
  • 1112FA
    (if the opposing party is directed to complete the order)
  • 1113FA
    (Used to object to the proposed order)

If you aren’t sure whether your case is assigned to a judge or commissioner, find out. Call the court or look at the caption of the complaint or petition. If a commissioner's name is listed in the caption, the motion likely will be decided by a commissioner.

Forms for the Moving Party
Required forms for the moving party  
  • Motion To Vacate Dismissal and Reinstate Case - PDF | Word
  • 1110GE
    (filed after all documents have been filed, or the time has passed for the other party to respond)
  • 1141GE
Optional Forms for the Moving Party
  • 1102GE
    (if both parties agree to the motion before it is filed)
  • 1105GE
    (if the other party agrees to the motion after it has been filed)
  • 1107GE
    (if someone other than the moving party has a statement to make)
  • 1106GE
    (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond)
  • 1111GE
  • 1113GE
    (Used to object to the proposed order)
Forms for the Opposing Party
Required forms for the opposing party
  • 1104GE
Optional forms for the opposing party
  • 1105GE
    (if the opposing party agrees to the motion after it has been filed)
  • 1103GE
  • 1111GE
  • 1110GE
    (if the other party has not filed this document)
  • 1112GE
    (if the opposing party is directed to complete the order)
  • 1113GE
    (Used to object to the proposed order)
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