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How long do you have to re-file a case that was dismissed without prejudice?
Wiki User
∙ 12y ago
How long do you have for WHAT? If your case was dismissed WITHOUT prjudice, it means that the prosecutor can re-institute the charges and indict you again for the same offfense.
Answer
You haven't provided enough detail and the answer depends on the type of case and court where your case was filed. In a civil case, the dismissal can mean such factors as lack of cause or that your complaint is deficient and you need to file an amended complaint. Generally, there is a time period after the dismissal when something else can be filed.
Wiki User
∙ 14y ago
Wiki User
∙ 13y agoThere is no hard and fast rule on how many times a case may be dismissed without prejudiced and then either refiled or reinstated. If it happens more than once the court may, depending on the circumstances, either dismiss the matter with prejudice or refuse to reinstate it if, in the interests of justice to the other parties and the court, such action is warranted.
Wiki User
∙ 11y ago10 days
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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?
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 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.
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 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.
If a criminal case was dismissed can that case be open at a later date?
noAnother View: Yes, it could be, depending on HOW the case was dismissed. If the judge dismissed the case WITH prejudice it cannot be re-opened. If it was dismissed WITHOUT prejudice it can be.However, if a criminal case is dismissed without prejudice it may not be re-opened IF the applicable statute of limitations for that crime in that situation has lapsed.
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.
What does dismissed without prejudice mean in foreclosure case in Georgia?
When a foreclosure case is dismissed without prejudice in Georgia, it means that the case has been temporarily halted or canceled, but the lender retains the right to refile the case at a later time. This could happen for various reasons, such as procedural errors or the need to gather more evidence.
What does it mean when a case status reads dismissed on a civil case?
If it is dismissed without prejudice the case can be filed for suit again. And, if it is with prejudice the case will have notes from the judge and be permanently closed.
What does it mean when it states Docket Entry Dismissed by Parties?
It means that the case has been dismissed. Does it say anywhere "Without Prejudice or With Prejudice? If without it means that they can re-file the case one more time. After that the case can not be re-opened again. If it says With Prejudice then the case has been dismissed completely.
If court case is discontinued can they bring it again?
It depends on what the circumstances were. If the case was Dismissed WITH Prejudice, the case cannot be brought again. If the case was Dismissed WITHOUT Prejudice, the case can be brought again.
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.
