Define: Citatio Ad Reassumendam Causam

Citatio Ad Reassumendam Causam is a Latin term that translates to “citation to resume the case.” It is a legal process used to revive a case that has been dismissed or discontinued.

Citatio Ad Reassumendam Causam can be used when a party wishes to revive a case that has been dismissed or discontinued due to various reasons such as lack of prosecution, settlement, or other procedural issues.

To file a Citatio Ad Reassumendam Causam, you will need to prepare a motion or application to the court explaining the reasons for reviving the case. This motion should be supported by relevant legal arguments and any necessary evidence.

The court will consider various factors, including the reasons for the dismissal or discontinuance of the case, the length of time that has passed since the dismissal, any prejudice to the opposing party, and the interests of justice.

There may be specific time limits or statutes of limitations that apply to filing a Citatio Ad Reassumendam Causam, depending on the jurisdiction and the nature of the case. It is important to consult with an attorney to determine the applicable time limits in your situation.

Yes, the opposing party has the right to object to a Citatio Ad Reassumendam Causam. They may argue that the case should not be revived due to prejudice, delay, or other valid reasons. The court will consider these objections when deciding whether to grant the motion.

In most cases, the decision regarding a Citatio Ad Reassumendam Causam is considered an interlocutory order, which means it is not immediately appealable. However, you may have the opportunity to challenge the decision through other legal avenues, such as filing a writ or seeking permission to appeal.

Depending on the circumstances, there may be alternative legal remedies available instead of filing a Citatio Ad Reassumendam Causam. These alternatives could include filing a new lawsuit, seeking a settlement agreement, or pursuing alternative dispute resolution methods.

While it is not always required to have an attorney to file a Citatio Ad Reassumendam Causam, it is highly recommended. Reviving a dismissed or discontinued case can involve complex legal procedures and arguments. An experienced attorney can provide valuable guidance and increase your chances of success.