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What does Dismissed With Prejudice Pursuant to Civil Rule 41a mean?
Wiki User
∙ 14y ago
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.
Wiki User
∙ 15y ago
Wiki User
∙ 14y agoA "Dismissal WITH Prejudice" means that that particular charge cannot be brought against you again.
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What is rule 41?
It deals with the federal rules of civil procedure. and how cases are dismissed. See below link:
Can a plaintiff refile a dismissed small claims case?
That depends. If you mean that you were found not guilty, then no. That would be considered double jeopardy which is illegal. They can, however; charge you with other crimes as long as they dont rely on the original crime heavily as evidence.
How long do you have to re-file a case that was dismissed without prejudice?
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.AnswerYou 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.
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 if a closed case doesn't state with or without prejudice?
Depending upon the Rules of Civil Procedure and the governing case law of the State involved, there are a few possibilities. 1. If the case was voluntarily dismissed by the Plaintiff, the first dismissal is usually without prejudice. It can be refilled as long as the statute of limitations does not expire before the refiling. 2. If the case is closed after a determination on the merits, such as by the grant of a summary judgment, unless the ruling is appealed successfully, the closing of the file would be with prejudice. 3. If the case was closed by virtue of the court granting a motion to dismiss (usually the Plaintiff is given a chance to amend the complaint, but he may not), the same rule as in #1 above would apply.
What is the rule of thumb in determining a delivery date?
The rule of thumb in determining a delivery date is to count the number of days allotted pursuant to the applicable code section or rule, before adding the applicable extension of time.
What does it mean to get discharged from air force due to misconduct?
It means you have been fired, sacked, dismissed for breaking a rule.
Rule 190 of rules of civil procedure?
Rule 190. Discovery limitations
Civil rule is preferable to military rule in nigeria?
Yes, because in millitary rule there is no freedom of speech.
A court dismissal means what?
A divorce case is a law suit, where one spouse sues the other for divorce. If the case is dismissed, the divorce is not granted, and the parties continue to be married as they were prior to the divorce. Often, the parties will choose to reconcile and choose to dismiss their case. If the court dismissed it, it's probably because one or both parties were not properly complying with the court.
Trapezoidal rule used in civil engineering?
simpson method
Statute of limitations for process of service?
The statute of limitations for process of service depends upon whether it is a state or federal case. If it is a federal case then the Federal Rules of Civil Procedure Rule 4(m)would apply, wherein you have 120 days to serve the complaint or it may be dismissed. If it is a state case, the state rules of civil procedure, along with any local rules would apply.
