A divorce case is a law suit, where one spouse sues the other for divorce. If the case is dismissed, the divorce is not granted, and the parties continue to be married as they were prior to the divorce.
Often, the parties will choose to reconcile and choose to dismiss their case. If the court dismissed it, it's probably because one or both parties were not properly complying with the court.
It means that the case is over. If the dismissal was with prejudice, it cannot be filed again. If the dismissal was without prejudice, it may either be refiled or reinstated once the reason for the dismissal has been rectified.
As a matter of law, the prosecution, or the plaintiff, has failed to present sufficient evidence to prove the claim.
Usually it is in response to a motion from the defense, but the court can do so on their own volition. They will also specify whether the case is dismissed 'with' or 'without' prejudice. If it is dismissed 'without prejudice' it means the prosecutor can bring the case to court again. Dismissed 'with prejudice' means that they cannot bring the same charges against the defendant again.
The court will also dismiss a case if the prosecution or plaintiff moves that the case be dismissed because they no longer wish to prosecute, usually when the defense proves that someone else did it. They may also move for dismissal based on reaching an out of court settlement, or plea bargain.
The term can refer to a few things, all of which having about the same end result. In general, however, it refers to the termination of a legal action.
1. A Plaintiff in a civil case can voluntarily dismiss the case at any time prior to jury verdict. This might be done if the case does not seem to be going well and the Plaintiff does not wish to risk losing. In many jurisdictions, if a Plaintiff voluntary dismisses a case, he/she/it is allowed to file it one more time as long as the statute of limitations has not expired in the meantime. Typically, if the Plaintiff dismisses and then refiles, he/she/it may be required to pay some or all of the Defendant's court costs incurred in the first action. It will depend upon the jurisdiction as to whether attorney's fees are also recoverable.
2. A judge can dismiss a case. This might be the result of an order on a pre-answer motion, such as a motion to dismiss. That kind of motion often is directed to the manner on which the cause of action was pled rather than to the merits of the case. If the case is dismissed on such a motion due to a pleading defect, the Plaintiff is usually given the chance to re-plead (amend) the cause of action.
One glaring exception to that rule is that if the Defendant properly raises a Statute of Limitations defense in a motion to dismiss, and the court grants the motion. If in fact, the Statute of Limitations has expired and there are no factual or legal arguments to support the position that the Statute has been stayed or otherwise held in abeyance, a re-pleading will not be permitted.
3. In a criminal case or in some administrative cases, the State or other governmental entity is the equivalent of the Plaintiff. In those cases, the governmental entity can decide to "drop" (i.e.: Nolle Prosequi) the charges, which is the equivalent of a dismissal. Likewise, the presiding judge may decide early in the proceeding that there is insufficient evidence, and dismiss the charges.
Additional Information to #3 above: The judge has the option of Dismissal WITH Prejudice or Dismissal WITHOUT Prejudice. WITH prejudice means that the state is barred from re-filing the same charge against the defendant. WITHOUT prejudice signifies that the state MAY, if it wishes, re-file the same or amended charges again.
It can mean many things. The prosecutor can dismiss a case for lack of evidence to proceed or as part of a plea bargain. A judge may dismiss on a defense motion. The result of the dimissal varies as well. It can be with prejudice in which case the charges cannot be brought back, or without prejudice in which case it may be revived at a later date. In a criminal setting it may be dismissed based upon speedy trial grounds or in a civil setting it may be based upon a statute of limitations. For some implications in a criminal setting see the related links below.
It means that the judge has rendered a judicial decision that the case will not proceed. Dismissals are generally doen "with prejudice" or "without prejudice."
It means that for some legal reason the court has dismissed the charges against the individual. A case may be dismissed "with prejudice" or "without prejudice."
A dismissal with prejudice means that with the dismissal the court is considered to have ruled on the matter. Certain rights may be prejudiced arising from a dismissal with prejudice.Added: A dismissal with prejudice means that neither party can bring the same charge for THAT particular incident to court again.However, this does not preclude them from bringing an action in the event of any future occurrence .
There are two types of dismissal: Dismissal WITH Prejudice, and Dismissal WITHOUT Prejudice. WITH prejudice means that the same charges cannot be re-instituted and brought before the court again,. WITHOUT Prejudice means that the charges MAY be re-instituted and brought before court again AFTER the legal insufficiency is cured.
There are TWO types of dismissal. DismissalWITH prejudiceand dismissal WITHOUT prejudice. "With" prejudice means that the same charge cannot be brought again. "Without" prejudice means that the immediate charge is dismissed, but that it CAN be brought up again. Which type of dismissal did you receive?
It is an order issued by a judge actually dismissing the charges that were brought in the case - usually for some legal insufficiency, or lack of evidence, of the case itself. There are two types of dismissal: Dismissal WITH Prejudice, and Dismissal WITHOUT Prejudice. WITH prejudice means that the same charges cannot be re-instituted and brought before the court again,. WITHOUT Prejudice means that the charges MAY be re-instituted and brought before court again AFTER the legal insufficiency is cured.
Yes, an order for dismissal does not wipe out the record. For that you would need to petition the court to have the record expunged. ALSO: A LOT depends on WHAT KIND of dismissal you received. Dismissal WITHOUT prejudice means the same charge can be re-instituted against you again. Dismissal WITH prejudice means that that same charge can't be brought against you again for that particular offense.
Adjournment in Contemplation of Dismissal (ACD) means that the court has adjourned from hearing the case in consideration of a dismissal of charges. This typically indicates that the charges pressed against the defendant are soon to be dismissed as a motion for dismissal is being granted.
The answer to your question is: Instanter means the court dismisses a usual civil proceeding instantly upon filing, though that fact may not become evident to some other date following the filing of the proceeding; but it is dismissal by the court without a motion by an opposing party; or without a motion from the judge (sua sponte dismissal), such motion known as a show cause order. Usually the Plaintiff can file an amended pleaded after instanter dismissal, however, instanter dismissal is usually unauthorized by law, as court is usually prohibited from dismissing a case without a motion from a party except where the dismissal is for lack of subject matter jurisdiction; then the court may dismiss on its own motion known as sua sponte dismissal.
If an appeal is dismissed it can be reinstated if the dismissal was without prejudice to reinstating it. This is common with procedural dismissals. If it is dismissed because the court considered the merits of the appeal and felt the lower court acted correctly then it cannot be reinstated. However, if the appeal was dismissed on its merits, the dismissal may be appealed to the next higher court in that particular court system if there is one. Regardless of the type of dismissal, the end result is that the ruling of the lower court will stand unless the appeal is reinstated and the court reverses the lower court.
what is JUDGMENT OF DISMISSAL UNDER PB 14-3 NOTICES SENT - COURT ORDERED DISMISSAL ONLy
Foreclosure dismissal is a simple foreclosure challenge that can be filed to the foreclosure complaint even without an attorney.Added: A foreclosure dismissal is a court order dismissing a foreclosure action.
In Maryland, the felony dismissal date is the date by which the prosecutor must have filed an indictment or other paperwork in the Circuit Court. If this is not done, the felony charges can be dismissed by the District Court.
It depends on the type of the dismissal. Dismissal WITH prejudice means that the charges cannot be brought against that defendant again.. Dismissal WITHOUT prejudice means that the charges MAY be re-filed against the defendant.