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Does dismissed with prejudice mean guilty?
The type of dismissal HAS to be specified. If it wasn't - ask. It can make a BIG difference.
What does Dismissed With Prejudice Pursuant to Civil Rule 41a mean?
Rule 41(b) is one of the Federal Rules of Procedure for lawsuits in the federal courts. It deals with Involuntary Dismissals. This rule provides that if a plaintiff fails to prosecute his/her claim or to comply with the Rules or orders of the Court, the defendant may ask the court to dismiss the complaint. Under the right circumstances if the plaintiff cannot or will not move the case forward or obey a rule or order, the court can dismiss the case. Under the federal rules, this type of dismissal operates as an adjudication on the merits and is a dismissal WITH prejudice unless the order specifically says that the dismissal is without prejudice. If the court order says "dismissed pursuant to Rule 41(b)", then it may not be reinstated. If the order says "dismissed without prejudice pursuant to Rule 41(b), then it may be reinstated.
If Plaintiff wants a continuance in small claims court should the defendant consent or go for dismissal with prejudice?
Since most persons appearing there are without counsel, Small Claims Courts tend to be run in a fairly relaxed and informal manner. You may certainly ask the presiding judge, or hearing officer, for a dismissal of the action but don't expect it to be granted.
Can you request to dismiss a petition without prejudice in a family law matter?
"Dismissal without prejudice" is usually a judgment heard in criminal court, and means that a case is dismissed but CAN be reinstituted at a later time. If by "petition" you are referring to a "motion" before the court, it depends on whose motion it is. If it is your motion, simply ask to withdraw it. If it is the other party's motion, you can offer your testimony as to why it shouldn't be granted, but that is all you can do and the judge will decide how to rule.
What happens when a company brings you to court for owing money and they dont show and case is dismissed?
You need to ask the court to issue a dismissal order, with prejudice. If the case is dismissed without an order at all, the other side can ask that the case be reinstated, with prejudice means that they filed the case for the purposes of harassment and cannot refile it again for any reason. Caveat; you could still ask that the case be dismissed for failure to timely prosecute the case and that the case is brought solely for the purposes of harassment to injure your credit, plus the fact that the case has already been tried and dismissed.
Can you ask for a voluntary dismissal if your chapter 13 trustee has already asked for a dismissal for missed payments?
yes.
What does a voluntary dismissal without prejudice lis pendens?
It is a notice that the complaint has been dismissed at the request of the plaintiff, and the notice of lis pendens, which is a notice filed in the place where deeds are recorded showing that the property may be seized to pay the debt, is also null and void. If the plaintiff has not recorded the order of dismissal, the owner of the property should file it where the deed and lis pendens was recorded.
Chapter 13 bankruptcy be dissimisal?
You can get a Chapter 13 bankruptcy dismissal by asking your lawyer to ask the trustee for a dismissal. If you are having trouble making the payments, you can ask for you bankruptcy to be modified.
What are the ramifications of accepting an Adjournment in Contemplation Of Dismissal?
Ask your attorney.
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.
How do you know if your case was dismiss with prejudice?
To "retry" a case that has been dismissed with prejudice you would have to take an appeal of the action since it has already been tried and the dismissal is not a procedural dismissal. Aside from a direct appeal, a party can ask the trial court to reconsider its decision, reverse its own order and reinstate the action. A party can make a motion for a new trial. A party can make a motion to be relieved from its effects for the various reasons set forth in the court rules as may apply. Common reasons for being relieved of an effect of an order are that the order was entered as a result of mistake, inadvertence, surprise, excusable neglect, fraud or any other reason that the interests of justice would require the order be set aside.
Are cats prejudice of colored cats?
I don't know, ask one
