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Approved as to form. The request must include an explanation of what mistake, inadvertence, surprise, or excusable neglect caused the case to be dismissed. Procedure.If your case was dismissed "with prejudice," you must first file a motion to have the dismissal vacated. The link below will take you to a website that will help you complete a court form, called a Motion to Vacate Dismissal, for your landlord-tenant case. Fill in the Names of the original parties -- exactly as they appear on the summons. The court may do so on motion or on its own, with or without notice. If your case was dismissed "with prejudice," you must first file a motion to have the dismissal vacated. 1) Set aside a Dismissal and Reopen the case, or. 2) Give you a Rehearing, or. You have to tell the judge what law applies to the facts of your case, and why you think your situation fits the law.