Setting Aside A Small Claims Dismissal
Overview
When a small claims case is dismissed, the court terminates the case without a trial and prior to the case’s completion. A dismissal denies the plaintiff’s claim to the money requested in the Small Claims Complaint (or a counterclaim), even though the merits of the case have never been heard by the court. A small claims case might be dismissed for a number of reasons, but usually it is because the plaintiff failed to follow some court rule or order. For example, a small claims case could be dismissed if the plaintiff:
- Fails to serve the Small Claims Complaint (or counterclaim) on the defendant within the required time period,
- Misses a scheduled small claims hearing, or
- Fails to attend a mandatory mediation.
Download a flowchart that shows how a small claims case moves through the court – and a couple of situations where a small claims case might be dismissed – by clicking on one of the file names below:
Flowchart – Overview of the Small Claims Process
Flowchart - Overview of Las Vegas Small Claims Process
Q&A – Dismissals
If my small claims case is dismissed, can I just file a new case and start over?
It depends on whether the judge dismissed the case "with prejudice” or “without prejudice.” “With prejudice” means that the plaintiff cannot re-file the case or bring another lawsuit on the same subject. “Without prejudice” means that plaintiff’s rights are not lost and the case can be re-filed. Dismissals are normally done without prejudice unless the court specifically says otherwise.
Statute of limitations issues may also prevent you from refiling. A “statute of limitations” is a law that restricts the time within which a lawsuit can be filed. If you are outside your statute of limitations period, you will not be able to file a new case. To learn more about statutes of limitation in Nevada, click to visit Nevada Statutes and review Chapter 11 of the Nevada Revised Statutes.
Does the court refund my filing fee if my case is dismissed?
The court does not refund your filing fee if your case is dismissed. If you re-file your case, you will have to pay a new filing fee.
If I disagree with the dismissal, how can I contest it?
If your small claims case has been dismissed, you can file a motion asking the court to “set aside” (cancel or revoke) the dismissal.
A Motion to Set Aside Dismissal is available, free of charge, at the Self-Help Center. Or you can download it on your computer by clicking one of the links below:
LAS VEGAS MOTION TO SET ASIDE DISMISSAL
PDF FILLABLE | PDF NONFILLABLE
OTHER JURISDICTIONS BESIDES LAS VEGAS--MOTION TO SET ASIDE DISMISSAL
PDF FILLABLE | PDF NONFILLABLE
Click to visit Basics of Court Forms and Filing for information about filling out forms and filing documents in the justice court. For more information about the specific requirements for a small claims case in the Las Vegas Justice Court, click to visit the Las Vegas Justice Court Small Claims page.
What happens after I file a Motion to Set Aside Dismissal?
After filing your Motion to Set Aside Dismissal, you will need to check with the court clerk to find out what the next step will be. In some small claims courts, a date and time for a hearing on your motion will be set. In other justice courts, the judge might decide your motion without a hearing. For court contact information or to look up your case to see whether a hearing has been set, click to visit Justice Courts and Look Up My Case.
