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That depends. If you mean that you were found not guilty, then no. That would be considered double jeopardy which is illegal. They can, however; charge you with other crimes as long as they dont rely on the original crime heavily as evidence.
Wiki User
∙ 15y ago
Wiki User
∙ 13y agoIt can be done but if nothing has changed why would a party expect a different result? If you are doing it for a reason there is generally a rule that permits it. If there is no reason there is rule that punishes you for wasting the court's time.
YES if dismissed without prejudice.
NO if dismissed with prejudice.
RULE 11: If you refile on the same evidence and it constitutes an abuse of process then you face sanctions.
APPEALS EXHAUSTED OR EVIDENCE/FACTS CHANGED?: If a party is refiling a motion that was dismissed/denied, we would need to know what the situation is: Why didn't the party appeal (interlocutory appeals can be filed in special circumstances); Since this is the exact same case, does new evidence or the exclusion of prior evidence justify asking the court to revisit an old ruling?
Wiki User
∙ 14y agoIf it was dismissed without prejudice then yes, they can be refiled. If the charges were dismissed with prejudice then it cannot be refiled.
Wiki User
∙ 13y agoOnly if the acting judge dismisses "without Prejudice" You can usually refile
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When the attorney for the plaintiff does not show up in a small claims court is the case dismissed?
In small claims court, if the attorney for the plaintiff does not show up, the case may still proceed. However, it ultimately depends on the judge's discretion. The judge may choose to dismiss the case or reschedule it for a later date.
Plaintiff's claim and order to go to small claims court disposed with disposition of court dismissal- lack of prosecution?
The wording of the question is too cryptic - however - it appears that the Plaintiffs claim was dismissed due to the plaintiff's lack of prosecution (e.g.: The plaintiff failed to appear in court to press their case -or- the plaintiff withdrew their case- etc).
Can you refile in small claims if you didn't show up the first time?
nope shoulda showed up
Who pays court fees in small claims court?
The plaintiff does when they file a claim. These charges can be recovered if the plaintiff wins his case.
What does dismissed without prejudice mean in small claims cases?
In all civil cases, the term "without prejudice" means that the Plaintiff may file a lawsuit based on the same cause of action a second time. Many states limit the Plaintiff to only one re-filing.
How long does a person have in small claims court to pay the judgment for the plaintiff?
The time given to pay a judgment in small claims court varies by jurisdiction, but it typically ranges from 30 to 60 days. It's important to adhere to the court's timeline to avoid further legal consequences. If you need more time to pay, you may be able to negotiate a payment plan with the plaintiff or seek assistance from the court.
Where do you originate your small claim if you are the plaintiff?
Small claims court in the county where the defendant resides or the county in which the claim arose.
Do you have to give deposition at defendants lawyer's after filing small claims suit?
Defendant should not have a lawyer in Small Claims Court. Most small claims actions forbid having an attorney appear unless the attorney is the plaintiff or defendant.
Under what conditions can you counter sue in small claims?
For any reason, if you believe the plaintiff owes you money. If you are requesting anything other than money, or if the amount of money you are requesting exceeds the small claims maximum, see an attorney in your area.
If i have a case against someone in small claims court that was dismissed with prejudice could i file i case in civil court?
No. Dismissed with prejudice means the case has already been adjudicated, and that res judicata would prohibit bringing the case again. Furthermore, small claims court is a level of civil court that has a lower monetary jurisdiction than other levels. The alternative to civil court is criminal court, and small claims cases are not, by their nature, criminal matters.
Who decides if civil or small claims?
The plaintiff decides. However, there are two main exceptions: If it is over $5000, it must be tried in county court. And, if the Defendant wishes, he or she may remove the case from Small Claims court to county or district court where he or she may be represented by an attorney. Be careful, if you file in small claims court and it is removed, you will lose the right to trial by jury.
How do you write a Small Claims Court motion to reconsider the verdict?
I am a plaintiff in a Small Claims Court case in Lakeland, Florida. The judge decided against me even though the only evidence was in my favor. I was told to file a motion to reconsider the verdict. What do you say? I do not know anything about motions.
