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Can a plaintiff refile a dismissed case because the plaintiff did not show?
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What does it mean when a case is dismissed plantuf did not show?
It means that the case is dismissed because the plaintiff did not show up in court.
How long does an attorney have to refile a case that has been dismissed?
Not enough information. Was it dismissed WITH prejudice, or WITHOUT prejudice?
Do they have to serve another subpoena when they refile a case that was dismissed?
summons or subpoena, yes
How do you know if your bankruptcy was dismissed with prejudice?
If your case was dismissed with prejudice, it is because you failed to supply the needed schedules on time or you failed to do what that the court requested. The court will notify you that the case is dismissed and give instructions whether you can refile and the time line in which you can do it.
Can you retry a 1st degree murder count if you have a hung jury?
Yes, a hung jury does not decide the guilt or innocence of the defendant. Until their is adjudication (decision) of the case that is not a finished case. If a jury is hung the prosecutor has to decide if they want to refile the charges or not. If they chose to refile then the case begins all over again. If not, then the defendant does not have to answer to the charge anymore. When that happens the case is dismissed. It can be dismissed with or without prejudice. If it is dismissed without prejudice then the prosecution can refile charges somewhere down the line; if it is with prejudice they cannot reopen the case.
Can you sue if the case is dismissed with prejudice?
Plaintiffs do not charge. They file lawsuits. The plaintiff can always file, but if the case is dismissed with prejudice, a new filing cannot be litigated. If a case is dismissed with prejudice, it means res judicata applies, and a new filing would be dismissed because the issues have already been litigated. If the case is dismissed without prejudice, it means that it has been voluntarily dismissed or dismissed for some reason to allow the case to be refiled and re-litigated later.
What does dismiss with leave mean?
Dismiss "with leave" means the case is dismissed, but the plaintiff may re-file to (hopefully) fix whatever was incomplete or otherwise lacking in the original filing. Dismiss with leave is contrasted with dismiss on the merits, which means the case is dismissed and the plaintiff may not re-file. Thus the plaintiff has lost the case.
Can a dismissed case be re-opened The court never said if it was dismissed with or without prejudice. Just that the case was dismissed and I was free to go?
When a case is dismissed with prejudice the State cannot refile the charges.Added: When it is dismissed WITHOUT prejudice, the charges CAN be re-filed and you can be prosecuted. Regardless of what you remember, the original case file will reflect in what manner the original case was resolved. Do the research or ask your attorney.
Can a court case be dismissed if the plaintiff does not show but his attorney does?
It is possible for a court case to be dismissed if the plaintiff does not show up but their attorney does. However, this typically depends on the circumstances of the case and the judge's discretion. The judge may choose to proceed with the case or dismiss it based on factors such as the reasons for the plaintiff's absence and the importance of their testimony.
Can you refile chapter 13 bankruptcy under the new bankruptcy law after your case was dismissed to avoid foreclosure?
A chapter 13 can be filed if it has been at least two years from the date the first filing was dismissed.
What is Plaintiff's application is dismissed with costs?
I think this means when the Plaintiff's case is dismissed, meaning the court is not going forward with the charges, and with the costs, means the Plaintiff is responsible for the court costs. Usually this is done when the court feels the case isn't supported by facts, or evidence, or that the case shouldn't have been filed to begin with. Now it has been a while since a worked in the court system, but I think this still holds water.
What does motion for nonsuit without prejudice?
A motion for nonsuit without prejudice is a request made by the plaintiff to dismiss the case voluntarily before a verdict is reached. This means that the plaintiff can potentially refile the case at a later date without being barred by double jeopardy.
