Short answer. Yes. Under Rule 38, Section 6, once the court finds your petition's allegations true and sets aside the judgment, the case stands as though that judgment, order, or proceeding had never happened. The court then hears and decides the case as if it had just granted a timely motion for new trial or reconsideration.

What the law says

the case shall stand as if such judgment, final order or other proceeding had never been rendered, issued or taken

Rule 38, Section 6 — Proceedings after answer is filed. Read the full provision →

What the court must find first

Rule 38, Section 6 sets a hearing before anything is restored. The court holds a hearing on the petition, and states plainly that "if after such hearing, it finds that the allegations thereof are not true, the petition shall be dismissed; but if it finds said allegations to be true, it shall set aside the judgment or final order or other proceeding complained of upon such terms as may be just." Being granted relief is not automatic on filing — the petitioner still has to prove, at that hearing, the facts the petition relies on.

What 'as if never rendered' means

Once the judgment is set aside, the rule states that "the case shall stand as if such judgment, final order or other proceeding had never been rendered, issued or taken." That erases the finality that closed the case — the judgment stops existing for legal purposes, and the proceeding returns to an active, undecided state. It does not mean every prior step in the case is wiped away; it means the specific judgment or order that ended the case no longer stands in the way of it being heard and decided again.

How the case then proceeds

The same provision tells the court what to do next: "proceed to hear and determine the case as if a timely motion for a new trial or reconsideration had been granted by it." That is the procedural yardstick — the case resumes at the point a case reaches once a new trial or reconsideration motion succeeds, not necessarily at the very first pleading. What exactly that involves in a given case depends on what stage the proceedings had reached and what was actually complained of in the petition, so it is worth having someone review the specific record rather than assuming a full restart from the complaint.

The other possible outcome

Relief is not guaranteed simply because the petition was accepted for hearing. If the court, after hearing, finds the allegations untrue, Section 6 requires the petition to be dismissed outright, and the original judgment or order stands exactly as it was. So the question of whether a case truly goes back into active litigation turns entirely on what the petitioner is able to establish at that hearing — the grant of relief and the reopening of the case are two results of one and the same finding, not separate steps.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.