0
What does it mean to dismiss with prejudice if you are the defendant?
Wiki User
∙ 11y ago
Prejudice is a legal term which means there was misconduct on the part of the person who filed the case and they are, therefore, forbidden to refile. Dismissal of a case with prejudice is final, and the plaintiff is barred from taking any further action.
Wiki User
∙ 9y ago
Wiki User
∙ 11y agoWhen a Judge or Magistrate dismisses a case with prejudice, he's simply dismissing the case so that the plaintiff or defendant cannot bring their suit or counter suit back to the courts again.
In a criminal matter, prejudice is enacting the constitutions "double jeopardy" clause. Which means a defendant cannot be retired twice for the same crime.
Add your answer:
Earn +20 pts
What does court deny defendant motion to dismiss declaratory judgment mean?
The case moves on
Can jurisdictions become an issue for dismissal?
Yes, a judge will dismiss a case without prejudice if the case is brought in the wrong jurisdiction. A defendant is deemed to consent to the jurisdiction if he does not raise it.
What constitutes undue prejudice to the defendant?
Undue prejudice is when the defendant is not able to get a fair trial. Undue prejudice can occur when there is a lot of media coverage, or the jury has been turned against a defendant because of the nature of the crime he is accused of.
Can a bankruptcy case be redone after a order to dismiss with prejudice?
Yes
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.
What does it mean when a judge dismiss a case but the case is said to be refiled under new commitment?
There are two ways in which a judge can "dismiss" a case.Dismissed with prejudice, which means the case can never be brought up again, and dismissed without prejudice, which means that the government can re-file the case if some certain minor flaw in the original presentment is remedied.It sounds like your original case was dismissed WITHOUT prejudice.
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.
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 a circuit court judge in the state of Arkansas have the power to dismiss a criminal case before a trial?
Yes. However - the IMPORTANT thing is - is it dismissed WITH prejudice or WITHOUT prejudice? "With" prejudice means that charge cannot be brought agsint the defendant again. "Without" prejudice means that it is only temporarily dismissed until such time as the prosecutor corrects whatever minor fault with the case that the judge has found - once that fault it corrected - you CAN be re-charged with the same offense.
Is motion to dismiss captilized?
If it is being used as the title of the motion, it is; to wit: Motion to Dismiss. If it is used in the body of the motion, it is permissible to use lower case letters; to wit: "The Defendant files his motion to dismiss and states..."
When can the plantiff dismiss a case without prejudice?
The plaintiff cannot - that is a judge's prerogative. The plaintiff can REQUEST that a judge consider ruling that way, but it is up to the judge as to whether he will grant it or not.
What happens if the defendant shows up to child support court and the plantiff doesn't?
The court might dismiss the matter.
