Can You Reopen a Case after Settlement?

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Posted Sep 27, 2022

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When two parties come to a settlement in a civil case, it means that they have agreed to resolve their dispute without going to trial. Once the settlement is finalized, the case is over and cannot be reopened.

There are a few exceptions to this rule. One is if the settlement agreement contains a clause that specifically states that the case can be reopened under certain circumstances, such as if new evidence comes to light or if one party does not abide by the terms of the agreement. Another exception is if the settlement is set aside by a judge because it was deemed to be fraudulent or otherwise wrongful.

If you are thinking about trying to reopen a case that has already been settled, you should first consult with an experienced attorney to see if it is even possible in your situation.

Frequently Asked Questions

Can a case be reopened after a lawsuit is dismissed?

Generally, yes. New evidence that might have been unavailable at the time of dismissal may be grounds for a new case to be opened. Furthermore, each state has different procedural requirements for seeking to reopen a dismissed lawsuit, so it is important to consult with an experienced legal professional if there is any doubt about what steps are necessary in your particular case.

How do I reopen a civil case?

Sealing an Order for Removal may be a preliminary step in preparing to reopen a case.

Can a trial judge re-open an issue before formal judgment is entered?

Yes. A trial judge retains discretion to re-open an issue before formal judgment is entered.

Can a closed case be reopened at a later point of time?

Yes, a dismissed case with prejudice can be reopened under very narrow circumstances.

Can a dismissed case be reopened?

A dismissed case can be reopened under very narrow, specific circumstances.

Sources

  1. https://www.bernsteinslaw.com/blog/reopen-lawsuit-after-reaching-settlement/
  2. https://sage-answers.com/can-you-reopen-a-closed-claim/
  3. https://www.slftrial.com/faqs/can-i-reopen-my-claim-after-a-settlement/
  4. https://www.horwitzlaw.com/faq/personal-injury/can-you-reopen-a-personal-injury-case-after-reaching-a-settlement/

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Alan Stokes

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Alan Stokes is an experienced article author, with a variety of published works in both print and online media. He has a Bachelor's degree in Business Administration and has gained numerous awards for his articles over the years. Alan started his writing career as a freelance writer before joining a larger publishing house.