How do you get a case reopened?
Asked by: Prof. Braxton Konopelski III | Last update: December 22, 2025Score: 4.6/5 (19 votes)
The process for reopening a case involves several steps, which typically start with filing a motion or petition in the court that issued the original judgment. This motion must clearly outline the basis for the request, supported by credible evidence or arguments justifying why the case should be revisited.
Under what circumstances can a case be reopened?
If the case was dismissed WITH prejudice, you will need to make a motion to the court to re-open the case, which will require a valid reason for doing so (some examples include discovery of new evidence, mistake of law, etc).
Can a case be reopened after found not guilty?
A defendant whose conviction was reversed on appeal may be retried without violating double jeopardy. However, any charge of which the defendant was found not guilty the first time cannot be retried.
Can you reopen a lawsuit case?
A lawsuit cannot be reopened after settlement. The settlement agreement you sign in a personal injury claim includes a release of liability, which states you will not pursue additional damages in the case. Therefore, it is vital to get a fair settlement the first time.
Can a no bill case be reopened?
This means that after hearing the testimony, they believe there isn't enough probable cause to indict the defendant. However, a prosecutor can resubmit your case to a new grand jury at any point within the statute of limitations if new evidence arises.
How To Reopen A Court Case? - CountyOffice.org
How do I reopen a closed case?
The process for reopening a case involves several steps, which typically start with filing a motion or petition in the court that issued the original judgment. This motion must clearly outline the basis for the request, supported by credible evidence or arguments justifying why the case should be revisited.
How to get a case dismissed?
Participate In A Pretrial Diversion Program
In many criminal cases, the defendant can participate in a pretrial diversion program. If they successfully meet the requirements, the court will dismiss their case. In California, there are different types of pretrial diversion programs, including: Drug diversion programs.
Can you file the same lawsuit twice?
Under California law, it is generally not allowed to sue someone twice for the same case in small claims court. This legal principle is known as "res judicata," which means "a matter adjudicated" in Latin.
What if I'm not happy with my settlement?
Negotiate for a higher settlement
If you're not happy with a settlement offer, the first step is to enter into negotiations. With the help of your attorney, you can counter the initial offer with a demand for a higher amount.
Can a lawsuit be reversed?
Reversal can occur when the decision of a court of appeal is that the judgment of a lower court was incorrect. The result of reversal is that the lower court which tried the case is instructed to vacate the original judgment and retry the case.
When can a case not be tried again?
If a defendant is acquitted, whether by a jury verdict or a judge's ruling, the protection against double jeopardy is fully realized. The government cannot appeal an acquittal or subject the defendant to a new trial for the same offense.
Can a pending felony be dropped?
A felony charge may be dropped before trial if new evidence comes to light proving innocence or casting reasonable doubt. It may also occur if the prosecutor decides the case is too weak to lead to a conviction.
Can you be sued after being found not guilty?
If you are accused of a crime and acquitted or otherwise found not guilty of the offense, you can still face a civil lawsuit for the same incident. The Double Jeopardy clause only protects you from subsequent criminal prosecution in the legal system.
How do you write a motion to reopen a case?
A motion to reopen “shall state the new facts that will be proven at a hearing to be held if the motion is granted and shall be supported by affidavits and other evidentiary material.” 8 U.S.C. § 1229a(c)(7)(B). It must be accompanied by the application for relief and all supporting documents.
What is a reopened issue?
In a security reopening, the U.S. Treasury issues additional amounts of a previously issued security. The reopened security has the same maturity date and coupon interest rate or spread as the original security, but with a different issue date and usually a different purchase price.
How long does motion to reopen take?
When should I expect to receive a decision on a motion? A. Although some cases may take longer, USCIS field offices and service centers try to adjudicate motions within 90 days. The AAO strives to complete its review of motions within 180 days from the time it receives a complete case file.
Is settlement money considered income?
Remember, according to the IRS, gross income includes “all income from whatever source derived.” This means almost every penny earned in a settlement is taxable, except personal injury and physical injury 26 USC § 104.
What happens if I refuse a settlement?
However, refusing a settlement offer does extend the life of your claim and delays when you receive compensation. If you have pressing medical bills or other expenses, this is a factor to consider. You'll also need to invest more time and energy into your case, including providing more documentation of your damages.
Is a settlement better than not paying?
Paying off a debt for less than you owe may sound great at first, but debt settlement can be risky, potentially impacting your credit scores or even costing you more money.
What is double recovery?
Another example of double recovery is when a court awards damages twice for the same loss, based on two different legal theories. This can happen when a plaintiff sues for breach of contract and also for negligence, and is awarded damages for both claims.
Can you be garnished twice for the same thing?
By federal law, in most cases only one creditor can lay claim to your wages at a single time. In essence, whichever creditor files for an order first gets to garnish your paycheck. Your other creditors must wait their turn unless the first creditor collects on less than the allowable percentage.
Can a case have two plaintiffs?
Multiple plaintiffs can come together to file a mass tort lawsuit or a class action lawsuit. These types of lawsuits involve numerous plaintiffs and can be more efficient than individual lawsuits.
What is the most popular reason that cases get dismissed?
One of the most common reasons for the court to dismiss a criminal case is insufficient evidence.
How to write a letter to a judge to dismiss a case?
Begin with a clear and concise introduction, stating the grounds for dismissal. Follow with a detailed argument section that outlines why the complaint should be dismissed, supported by legal authorities. Use Casefleet's customizable reports to organize your arguments and ensure all critical points are covered.
What are the signs of a weak case?
Some signs we look for are a lack of physical evidence, gaps in the chain of custody of evidence, contradictory eyewitness accounts, or witnesses who lack credibility. If the prosecution's case is built on a shaky foundation, they often realize a dismissal or plea deal is their best option.