Legal Definitions - restorative motion

A restorative motion is a formal request made to a court by a party involved in a lawsuit, asking the court to undo a previous adverse action or status and return the case or a party to an earlier position. This type of motion is typically filed when a case has been dismissed, a judgment entered by default, or a filing rejected due to a procedural error, oversight, or non-appearance. The goal is to "restore" the situation to what it was before the adverse event occurred, allowing the case to proceed or a party to defend their rights.

Here are some examples of how a restorative motion might be used:

• Example 1: Dismissal for Lack of Prosecution

  Scenario: A plaintiff filed a lawsuit, but due to an administrative oversight in their attorney's office, they inadvertently missed a court-ordered deadline to submit a required discovery document. As a result, the court, without further notice, dismissed the entire case for "lack of prosecution."

  Explanation: The plaintiff's attorney would then file a restorative motion, asking the court to vacate the dismissal order and reinstate the case. They would typically explain the oversight, demonstrate that the delay was not intentional or prejudicial to the other party, and show that they are now ready to comply with the court's orders, thereby seeking to restore the case to its active status.

• Example 2: Default Judgment

  Scenario: A defendant was properly served with a lawsuit but, due to an unexpected and severe medical emergency, was hospitalized and unable to file their response within the legally required period. The plaintiff subsequently requested and obtained a default judgment against the defendant because no response was filed.

  Explanation: The defendant, once recovered, would file a restorative motion (often specifically called a "motion to set aside default judgment") asking the court to vacate the default judgment. They would present evidence of their medical emergency and demonstrate that they have a valid defense to the lawsuit, seeking to restore their right to participate in the case and defend themselves against the claims.

• Example 3: Rejected Filing Due to Minor Error

  Scenario: An attorney submitted a critical legal brief to the court just before a deadline, but it was rejected by the clerk's office because it lacked a specific, minor formatting element required by obscure local court rules. This rejection could cause the party to miss an important deadline for their arguments to be considered.

  Explanation: The attorney could file a restorative motion, asking the court to accept the brief despite the minor technical error or to grant a brief extension to refile it correctly. The motion would aim to restore the party's ability to have their arguments considered by the court, preventing the technical rejection from prejudicing their case on the merits.