0
What if a closed case doesn't state with or without prejudice?
Wiki User
∙ 10y ago
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.
Wiki User
∙ 10y ago
Add your answer:
Earn +20 pts
How long does it take till you can reopen your child support case?
That depends on the state, the court and the laws in your state. Call the court that has jurisdiction and inquire there.That depends on the state, the court and the laws in your state. Call the court that has jurisdiction and inquire there.That depends on the state, the court and the laws in your state. Call the court that has jurisdiction and inquire there.That depends on the state, the court and the laws in your state. Call the court that has jurisdiction and inquire there.
Is there a us state that doesnt have a vowel?
Yes, the state without a vowel in its name is Wyoming.
What is subconscious prejudice?
Subconscious prejudice refers to biases and discriminatory attitudes that individuals hold on a subconscious level, without being aware of it. These prejudices can influence our thoughts, feelings, and behavior towards certain groups or individuals without our conscious awareness. Subconscious prejudice can lead to discrimination and perpetuate inequality in society.
What is statute of limitations on a Court case ordered dismissed without prejudice?
The statute of limitations on a case dismissed without prejudice should be the same as the statute of limitations for the charges. Being dismissed without prejudice just means either the plaintiff or the state has dropped the case for now, but still have the right to bring it back. For example, if they dismiss a murder case without prejudice, there's no statute of limitations. They can bring it back at any time. For personal injury, the length varies by state. It could be anywhere between 1-6 years where they could bring the case back. Check the charge number for your state. You could probably Google "statute of limitations (state) (charge)". Many states list their statutes online. Hope this helps
Can a creditor lawsuit for debt be refiled at a later date if it was dismissed 'without prejudice'?
Yes, that's what 'without prejudice' means. When something is dismissed with prejudice, this is due to some kind of misconduct on the side of the party making the claim. They're then disallowed from refiling it. However if it's dismissed without prejudice, often due to a precedural error, it can be refiled.
Can you own a gun with a dismissed without prejudice?
WHAT kind of offense or charge was originally made?If it was a felony offense and it was dismissed without prejudice it means that it COULD be re-filed and brought again. With that kind of inconclusive circumstance hanging over you, I doubt the state would issue you a license
Can a criminal case be dismissed at a pretrial conference in Kentucky?
It is possible - however listen carefully to how the judge dismisses it (WITH prejudice or WITHOUT prejudice) It makes a BIG difference. It is also possible that the State could Nolle Prosequi a case at this stage.
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.
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.
What is the most prejudice American state?
Georgia
What does Prejudice look like?
Prejudice can manifest in various forms, such as stereotyping, discrimination, and bias based on characteristics like race, gender, or religion. It often involves making judgments or assumptions about individuals or groups without adequate information or understanding. Prejudice can lead to harmful beliefs and behaviors that perpetuate inequality and injustice.
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.
