, Derry, New Hampshire


April 11, 2013

He's singing the birthday blues


Court is not like the trendy coffee shop. You don’t come and go as you choose. A scheduled court date requires your appearance. Sometimes a motion to continue filed in advance takes care of it.

The second time, where you were both in the courthouse, your presence should have been reported to the clerk in the courtroom where the matter was scheduled. Something along the lines of a report of settlement or joint motion to continue could have saved the case.

If the case has been dismissed “with prejudice,” you’re all done. If the case was dismissed “without prejudice” and if the statute of limitations has not expired, it can be refiled. This would be noted in the court docket. Have an attorney straighten this out.

Once when I answered a similar question by answering that a court date is your priority over anything else that day I was told I was insensitive. Don’t shoot the messenger. That’s the way it is.


Andrew Myers of Derry has law offices in Derry and North Andover. He is a member of the American Association for Justice and the New Hampshire Trial Lawyers Association. Send questions to

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