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if the owing party fails to follow though with payment
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What does felony dismissal really mean in new york city?
It depends on the type of the dismissal. Dismissal WITH prejudice means that the charges cannot be brought against that defendant again.. Dismissal WITHOUT prejudice means that the charges MAY be re-filed against the defendant.
Is it considered double jeopardy in retrying a case that was already dismissed by the courts?
Not necessarily - there are two types of Dismissal. Dismissal WITH prejudice... and... Dismissal WITHOUT prejudice. With prejudice mean that the judge has thrown that particular charge out and it cannot be brought against you again. Without preudice means that he is temporarily dismissing but it does NOT bar the same case from being re-insiituted.
Does dismissal with prejudice in a domestic violence case mean you can own firearms again?
No
What is a dismissed conviction?
It means just what the wod implies, they were dismissed. However- there are two types of dismissal; dismissal WITH prejudice, and dismissal WITHOUT prejudice. "With" means that the charge "goes away" and that particular charge cannot be re-instituted. "Without" means that although the charge was dismissed you CAN be re-charged once again. You definitely need to find out which one applies to you. A "dismissed" conviction does not mean that you're found "not guilty," or were "pardoned." The record will appear on your criminal history record.
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.
Does dismissed with prejudice mean guilty?
The type of dismissal HAS to be specified. If it wasn't - ask. It can make a BIG difference.
What does this mean Case disposed with disposition of request for dismissal?
It means exactly what it says. It was disposed of due to a request for dismissal. What you REALLY need to find out is - was the dismissal WITH prejudice or WITHOUT prejudice. IT MAKES A DIFFERENCE.
What does dismissal with prejudice mean in foreclosure case?
It means that your case was dismissed and cannot be re-filed and opened again.
What does dismissed without prejudice mean in small claims cases?
In all civil cases, the term "without prejudice" means that the Plaintiff may file a lawsuit based on the same cause of action a second time. Many states limit the Plaintiff to only one re-filing.
What does dismissal of a lawsuit without prejudice mean?
It means that the lawsuit has been dismissed, typically after being decided on the merits, and cannot be refiled.The foregoing answer is correct. The dismissal with prejudice can also be voluntary on the part of the plaintiff. That is often a condition of a settlement of litigation.
What does Dismissed With Prejudice Pursuant to Civil Rule 41a mean?
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.
What does Dimissal with prejudice mean?
A "dismissal with prejudice" means you cannot bring an action again if it is based on the same set of facts. ("Bring an action" is the technical term for "sue".) The "with prejudice" phrase means that your action is dismissed--thrown out--gone, and you may not refile it. This contrasts with a "dismissal without prejudice," where, though your action has been dismissed, you may bring another action based on the same set of facts. Usually, dismissals without prejudice occur when there is some technical problem with the action, but which the court still believes has merit.Examples of technical problems which might lead to a dismissal with prejudice include:Your failure to allege, in writing, certain facts without which the claim cannot go forward;Your failure to properly "serve" the defendant with process; in other words, you have not had a neutral party hand the proper documents to the defendant in the proper way;You have not filed your case in the correct court.A "dismissal with prejudice" does not necessarily mean that your action is or was without merit. For example, if you have filed your action past the statute of limitations (usually three (3) years), no matter how much you deserve relief, the court will refuse to hear your case. This is to prevent you and other plaintiffs from "resting on your rights"; courts want actions brought right away so the witnesses' memories are fresh and also to fulfill the Fifth Amendment's requirement that trials be "speedy."
