Legal Motion to Restore

LEGAL MOTION TO RESTORE

Court Name:   County:

State:   Case Number:   Presiding Judge:

Movant Name:   Respondent Name:

Movant Counsel:   Bar No.:   Filing Date:

RECITALS

WHEREAS, on the record in this action the case was administratively dismissed or removed from the active docket for failure to prosecute or for lapse of counsel appearance; and

WHEREAS, Movant has taken corrective action, including but not limited to notifying opposing counsel, curing identified deficiencies, and demonstrating diligence in pursuing the matter; and

WHEREAS, restoration to the active docket is appropriate where good cause exists and restoration will not prejudice the substantive rights of the Respondent;

NOW, THEREFORE

Movant respectfully moves the Court to restore this case to the active docket and in support thereof alleges and states as follows.

1. RELIEF REQUESTED

Movant requests that the Court issue an order restoring this matter to the active docket, vacating any administrative dismissal, and scheduling the matter for further proceedings. Specifically, Movant requests restoration to permit:

2. STATEMENT OF FACTS

The relevant facts supporting this Motion are as follows:

3. LEGAL BASIS

Restoration is warranted where the movant establishes good cause. Good cause exists here because: (a) the conduct and circumstances that led to dismissal or administrative removal constitute excusable neglect and were not willful; (b) Respondent will not be prejudiced in the conduct of the underlying litigation by restoration; and (c) Movant acted promptly upon discovery of the deficiency and has taken steps to cure any procedural defects.

Movant relies on applicable rules of civil procedure and the Court's inherent authority to manage its docket to justify restoration in the interest of justice. Movant respectfully requests the Court exercise its discretion and restore the case to active status.

4. REQUEST FOR HEARING / PROPOSED SCHEDULE

Movant requests an expedited hearing on this Motion and proposes the following schedule for the Court's consideration:

Proposed Hearing Date:   Proposed Cutoff for Opposition:

5. NOTICE AND CERTIFICATE OF SERVICE

Movant certifies that a true and correct copy of this Motion was served on all counsel of record and parties as follows:

Method of Service: Personal delivery U.S. mail Email Other

6. REQUEST FOR RELIEF

WHEREFORE, Movant respectfully requests that the Court:

7. GOVERNING LAW; OTHER PROVISIONS

Governing Jurisdiction:

Entire Agreement: This Motion and any order entered in response thereto constitute the complete statement of Movant's request for relief as to the subject matter herein and supersede any prior oral or written communications solely insofar as they relate to restoration of this case.

Severability: If any provision of this Motion is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Amendments; Waiver: Any amendment to this Motion must be in writing and signed by the party seeking amendment. No failure or delay by any party in exercising any right under this Motion constitutes a waiver of that right.

Counterparts: This Motion may be executed in counterparts and when combined shall constitute a single instrument.

VERIFICATION

I declare under penalty of perjury under the laws of the governing jurisdiction named above that the foregoing is true and correct to the best of my knowledge, information, and belief.

CERTIFICATE OF SERVICE

I certify that on the date below a true and correct copy of this Motion was served on the parties identified above by the method(s) indicated.

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