Law & Legal Issues
Intrauterine Devices (IUDs)
How soon will a Chapter 13 voluntary dismissal request become effective?
Asked in Debt and Bankruptcy, Punctuation and Capitalization, English Spelling and Pronunciation, Lawyers
What should you do if an attorney you had filed a chapter 13 bankruptcy after you told him not to?
Asked in Debt Collection, Civil Lawsuits
What does case dismissed with disposition of request for dismissal mean?
Asked in Court Procedure
What does this mean Case disposed with disposition of request for dismissal?
Asked in Civil Process, Court Procedure
What is voluntary dismissal without prejudice?
Since it is voluntary, it would seem to indicate that the prosecutor requested that the court dismiss the charge, subject to its being re-institued at some later time, rather than by the prosecutor simply Nolle Prossing it. It is an order issued by a judge dismissing the charges that were brought in the case - usually for some legal insufficiency, or lack of evidence, of the case itself. There are two types of dismissal: Dismissal WITH Prejudice, and Dismissal WITHOUT Prejudice. WITHOUT Prejudice means that the charges MAY be re-instituted and brought before court again. In addition: In civil cases a party may take or request and get a voluntary dismissal of a claim (whether a plaintiff's complaint or a defendant's counterclaim, etc) if, for example, that party is not capable of proceeding with his/her case at that particular time. The claim may be reinstated or refiled at a later date, provided the statute of limitations governing that claim has not expired.
Asked in Law & Legal Issues
What is notice of voluntary dismissal of complaint and 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.
Asked in Civil Lawsuits, Court Procedure
What is a motion to vacate dismissal?
A motion to vacate dismissal is a request made to the court to "re-open" a case. There is an order of dismissal if a party failed to appear for a hearing, if it is determined by the court that a party has not stated a claim upon which relief may be granted or any number of other reasons. The party that the order of dismissal is against, will file this motion indicating justifiable reasons for which dismissal would be unjust to the moving party.
Asked in State Laws
Can you request dismissal of a seat belt ticket if your birth date was improperly filled out on ticket?
How can you volunteer to be committed to a mental hospital?
Can the IRS request to have your chapter 13 switch to a chapter 7?
What is the difference between elicited acts and commanded acts?
Asked in Criminal Law, Civil Process, Court Procedure
What does case dismissed with disposition of request for dismissal mean with prejudice?
Asked in Law & Legal Issues, Criminal Law
What do these three areas of law have in common dismissal request proof of service and small claims?
Asked in The Hunger Games
What request does Peeta make at the end of chapter 8?
Asked in Court Procedure
What is a written or oral request made to a court for certain action to be taken?
Asked in Criminal Law, Court Procedure
Can you change venue for a criminal dismissal without prejudice?
A ruling of "Dismissed Without Prejudice" renders that particular prosecution moot. Effectively, you have been released from custody and are a 'free' person with no charges against you. As such you have no grounds or 'standing' to make such a request. IF the prosecution seeks to re-activate the charge (which a dismissal without prejudice legally allows them to do), ONLY upon your re-arrest and subsequent arraignment can you request a change of venue for any subsequent proceedings.
Asked in Civil Lawsuits, State Laws
How do you dismiss civil lawsuit?
A civil lawsuit can be dismissed in two ways, voluntarily and involuntarily You will have to check the rules of court of the state where the lawsuit is to get the exact method, but in general terms, this is a common practice: A plaintiff may voluntarily dismiss the lawsuit practically at any time during the suit, except that most courts have rules that restrict this ability more and more as the lawsuit proceeds closer and closer to trial date. In most courts, since voluntary dismissals are usually without prejudice to refiling them, courts are wary of litigants using voluntary dismissals to cause excess expense to the defendant. Plus, it wastes court time and resources to have the suit go through the system more than once. If the lawsuit is at an early stage a voluntary dismissal might be taken by simply filing a pleading stating the matter is voluntarily dismissed. If it is later in the process, the court might require the defendant to agree to it. And if it is still further on the court might have to permit the withdrawal and perhaps make it a dismissal without the right to refile. An involuntary dismissal is one where the other litigant seeks to dismiss the case most likely for some failure to abide by the court's procedural rules. In that situation the defendant files a written request to dismiss the case for whatever reason is applicable This is called a notice of motion for an order dismissing the lawsuit. Plaintiff has the right to be heard to argue against dismissal. Even an involuntary dismissal could be without prejudice to refiling, but many times it will be dismissed without the right to refile it.
Asked in Law & Legal Issues, Lawyers
Can a lawyer dismiss a case without letting a client know?
NO. A lawyer cannot "dismiss" a case. A judge does that. However a lawyer may request dismissal or be empowered to accept a dismissal on behalf of their client. Although many lawyers put cases on the back burner, forget about them and do not ever notify the client, they should notify the client when they have decided to not continue working on the case.
Can you legally request to have a Chapter Seven removed after almost nine years?
A Chapter seven will remain on the credit report for ten years. You can always request, legally or informally. But the law states that bankruptcy may remain on your credit report for 10 years from the date of filing. The time limit is strictly adhered to by the credit bureaus for Chapter 7 bankruptcies. The bureaus are much more flexible with Chapter 13. These can, by law, remain for 10 years. But it is customary for them to be shielded from view after 7.