Fill and Sign the Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake Inadvertence or Excusable Neglect and to Reinstate Cause of Form

IN THE _________________ COURT OF ____________________ (County), ________________________ (State) __________________________________ PLAINTIFF (Name of Plaintiff) V. CAUSE NO. _________,_________ ___________________________________ DEFENDANT (Name of Defendant) Motion to Set Aside Judgment of Dismissal and Reinstate Cause of Action Comes now ____________________________________ (Name of Plaintiff) , Plaintiff in the above-captioned cause, and respectfully moves that this Court set aside the Judgment of Dismissal in the above-entitled and numbered cause and reinstate Plaintiff’s case as described in his Complaint in this Cause No. ____________________, and as grounds for said Motion would show unto the Court the following: 1. The Complaint in the above-entitled and numbered cause was filed and a summons issued by the Clerk of this Court on ____________________________________ (date) . 2. Service of process was made on Defendant on __________________________________ (date) . 3. Plaintiff __________________________________ (Name of Plaintiff) , through mistake, inadvertence, and excusable neglect, failed to appear in this cause on ______________________ ___________ (date) . 4. As a result of Plaintiff’s failure to appear at said hearing, Plaintiffs Complaint was dismissed by this Court. 5. Plaintiff has a meritorious cause of action as set forth in his Complaint. WHEREFORE, Plaintiff moves the Court for an Order setting aside the said Judgment of Dismissal in the above-entitled and numbered cause and allow Plaintiff’s case to proceed and his Complaint to be reinstated. Witness my signature this the _____ day of ____________________________, 20_____. Respectfully Submitted, __________________________________ (Name of Plaintiff) By: _______________________________ (Name of Plaintiff ’s Attorney) State Bar No. _________________ One of His Attorneys OF COUNSEL: ______________________________________ (Name of Plaintiff ’s Attorney) Post Office Box ___________-____________ ______________________________________________ City, State, Zip Code Telephone: ________-________-____________ Certificate of Service This is to certify that I, ________________________________ (Name of Attorney) , attorney for Plaintif _______________________________________ (Name of Plaintiff) , have this date served a true and correct copy of the above and foregoing Motion by U.S. Mail, postage fully prepaid, to the following counsel of record for Defendant: _____________________________________ (Name of Attorney) Post Office Box ______________ ______________________________________________________ City, State, Zip Code This the _____ day of ________________________, 20____. Respectfully Submitted , ______________________________ (Name of Attorney) State Bar No. _________________ Attorney for Plaintiff OF COUNSEL: _________________________________ (Name of Attorney) Post Office Box __________-____________ _________________________________________ City, State, Zip Code Telephone: _________-________-______________ Notice of Motion to Set Aside Judgment of Dismissal and Reinstate Cause of Action You are notified that on ______________________________ ( date) , at _____________ (time) , or as soon thereafter as counsel can be heard, in Courtroom _______________of the __________________________Court for ________________________ County, _____________________________ (State) , at the ____________________________ (County) Courthouse at __________________________________________________________________ _________________________________________ (street address, city, county, state, zip code) , Plaintiff _________________________________________ (Name of Plaintiff) , by and through his attorney, will bring on for hearing his Motion to Set Aside Judgment of Dismissal and Reinstate Cause of Action . Respectfully Submitted , ______________________________ (Name of Attorney) State Bar No. __________________ Attorney for Plaintiff OF COUNSEL: _____________________________ (Name of Attorney) Post Office Box ____________-____________ _________________________________________ City, State, Zip Code Telephone: ________-________-____________