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Home » Self-Help » Small Claims » Suing Someone In Small Claims » Setting Aside A Small Claims Dismissal

Setting Aside A Small Claims Dismissal

 If your case was dismissed, look for information on your next steps here.

Setting Aside a Small Claims Dismissal

A dismissal ends 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. The case is over.

Gavel  While a case can be dismissed for many reasons, it is often because the plaintiff has failed to follow a court rule or order. Common examples include when the plaintiff:

  • Failed to serve the Small Claims Complaint (or counterclaim) on the defendant within the required time period,
  • Missed a scheduled small claims hearing, or
  • Failed to attend a mandatory mediation.

Next Steps - Setting Aside a Dismissal vs. Starting Over

In many cases, a plaintiff has three options after a case has been dismissed.

A plaintiff may either:  

A Motion to Set Aside Dismissal is available below.

MOTION TO SET ASIDE DISMISSAL
Las Vegas | Henderson / NLV

After filing a Motion to Set Aside Dismissal, check with the court clerk to find out the next steps. Depending on which township you are in, the court may set your motion for a hearing or they may make a decision based on nothing but your motion. 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.

Limits on Refiling - Prejudice and Statutes of Limitations

If a case was dismissed the plaintiff may be able to re-file and begin again. However, this may have limitations.

For instance, it depends on whether the judge dismissed the case with 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.

Take no Action - The Case is Over

In many instances, a dismissal is not the end of the road. Plaintiffs want their case heard; often they will request that the court set aside the dismissal or start over. However, a dismissal is also a time for a plaintiff to realistically look at their case and decide if pursuing it to the end is worth it.