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Can you request to dismiss a petition without prejudice in a family law matter?
Wiki User
∙ 12y ago
"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.
Wiki User
∙ 12y ago
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When can the plantiff dismiss a case without prejudice?
The plaintiff cannot - that is a judge's prerogative. The plaintiff can REQUEST that a judge consider ruling that way, but it is up to the judge as to whether he will grant it or not.
Can the DA add a dismissed case to another case as a count?
It depends on whether it was dismissed with prejudice or without prejudice. If with prejudice, it can never be reinstated. If without prejudice, it can reinstated at any time. Usually a court will dismiss without prejudice.
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.
Denied without prejudice?
"Denied without prejudice" means that whoever had a request denied may refile his request. Usually a new request would contain more or different information.
Dissmissed without prejudice is that good?
Dismissed without prejudice means the court has dismissed the petition, but that the plaintiff can re-file if the circumstances change.
What happens after an fwop notice is filed in court?
FWOP = For Want (i.e.: lack) of Prosecution. The way the question is worded it sounds as if the defense is filing a motion to dismiss the case - "for want of prosecution." If the judge agrees, it depends entirely on whether they dismiss the case WITH prejudice or WITHOUT prejudice. If it is WITHOUT prejudice the case COULD be opened again by the prosecution. If it is WITH prejudice the case is over and finished and can never be brought again (for THIS particular offense).
What does it mean when a judge dismiss a case but the case is said to be refiled under new commitment?
There are two ways in which a judge can "dismiss" a case.Dismissed with prejudice, which means the case can never be brought up again, and dismissed without prejudice, which means that the government can re-file the case if some certain minor flaw in the original presentment is remedied.It sounds like your original case was dismissed WITHOUT prejudice.
Can the custodial parent take the noncustodial parent back to court after the judge dismiss the case in Illinois?
Yes, if the case was dismissed "without prejudice."
Does Nolle Prosse mean the same as dismiss without prejudice?
No, only the prosecutor can issue a Nolle Prossequi (I decline to prosecute) - and only a judgecan issue a dismissal.
How man times can a woman drop a child support case and bring it back up?
As long as the courts dismiss the case "without prejudice," she can bring it again.
Can jurisdictions become an issue for dismissal?
Yes, a judge will dismiss a case without prejudice if the case is brought in the wrong jurisdiction. A defendant is deemed to consent to the jurisdiction if he does not raise it.
Are there fees involved when you dismiss your bankruptcy?
A debtor can dismiss a Chapter 13 bankruptcy at any time without a fee, except perhaps for any remaining attorney's fees that have not been paid under the Chapter 13 plan. A debtor cannot voluntarily dismiss a Chapter 7 without filing a motion wiht the court. Even then, the debtor must be able to demonstrate that no prejudice to creditor if the Chapter 7 is dismissed. The debtor can convert the 7 to 13 (which does involve a fee) and then dismiss the Chapter 13.
