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How long does an attorney have to refile a case that has been dismissed?
Wiki User
∙ 10y ago
Not enough information. Was it dismissed WITH prejudice, or WITHOUT prejudice?
Wiki User
∙ 14y ago
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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.
Do they have to serve another subpoena when they refile a case that was dismissed?
summons or subpoena, yes
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.
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.
What does ADA mean in the courts?
It means that the case was dismissed by the assistant district attorney.
Does the state of Arkansas have to pay you if your case has been reversed and dismissed?
No - but you could attempt to bring suit against the stae for wrongful prosecution. Consult wih an attorney to determine your options.ALSO: HOW was the case "dismissed?" WITH prejudice or WITHOUT prejudice. It makes a big difference.
May the district attorney submit a charge to the grand jury a third time after it has been dismissed?
If he has altrered or improved the facts of the case that was presented he may.
If a case is dismissed in California can the respondent sue for attorney fees?
In California, the prevailing party in a case may be entitled to recover attorney fees under certain circumstances, as specified by statutes or the terms of a contract. However, if a case is dismissed without a decision on the merits, it may be more challenging to recover attorney fees unless there is a specific legal basis for such a claim.
What is the difference in a dismissed or closed case?
A dismissed case means it was terminated before reaching a decision on the merits, often due to procedural issues or lack of evidence. A closed case typically means it has been resolved or completed, which could include reaching a judgment, settlement, or decision.
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.
What do you do when a case has being dismissed and after a month or two is back in the system stating a warrant arrest on inmate and can not get in contact with his lawyer?
If the case re-appeared in the system after being "dismissed' - that means it must have been dismissed "WITHOUT PREJUDICE." This means that the original charge was somehow legally faulty and the judge dismissed it. WITHOUT prejudice means that the prosecutor, after correcting the deficiency, can re-file the charge. If the judge had dismissed it WITH prejudice, the case could not have been re-filed. About your being unable to reach your attorney.... I cannot comment on that.
