Motion And Order To Set Aside Dismissal Forms And Instructions printable pdf download

Motion And Order To Set Aside Dismissal Forms And Instructions

Motion and Order to Set Aside Dismissal

Forms and Instructions

Packet Number 18B

Instructions

The attached forms are to be used by a Petitioner in an original Dissolution, or other

family law case who wants to reinstate a Petition that was dismissed by the court because

the Petition was not served, the defendant was not defaulted or other appropriate action

was not taken within a reasonable period of time. Do not use this form for post-judgment

Motions to Modify.

General Instructions

A. Use black ink and print or type when you fill out your forms.

B. Always file the original forms with the clerk. Be sure and make yourself an extra

copy of any document before you file it with the clerk.

C. Case heading. On each document, fill out the case caption exactly as it appears in the

original case filing, including the case number.

D. Completing the affidavit. Explain in clear detail why you did not serve the petition,

default the defendant or take whatever other action that was required by the court.

E. Signing your forms. The affidavit in this packet has to be notarized, or signed in the

presence of a court clerk. Wait to sign the affidavit in front of the notary or court clerk, and

bring picture ID with you. Many local banks provide notary services.

F. Address information. On most pages you are asked for your address and telephone

number. You must give a contact address and telephone, which may be your own. However if

you do not wish the other side to know your address, you may give the address of some person

who can be relied upon to get mail and messages to you promptly.

G. Representing yourself. We strongly recommend that you seek legal advice and

representation to protect yourself. If you are unable to hire an attorney, an explanation of the

process you will go through is described below.

II.

Completing the form

Fill out the Motion, Affidavit, and the case heading on the Order.

Make a copy of the documents for yourself.

Instructions18B-MotionSA.wpd (7/2005)

Motion And Order To Set Aside Dismissal Forms And Instructions