A court dismissal means what?

Answer 1

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.

Answer 2

It means that the case is over. If the dismissal was with prejudice, it cannot be filed again. If the dismissal was without prejudice, it may either be refiled or reinstated once the reason for the dismissal has been rectified.

Answer 3

As a matter of law, the prosecution, or the plaintiff, has failed to present sufficient evidence to prove the claim.

Usually it is in response to a motion from the defense, but the court can do so on their own volition. They will also specify whether the case is dismissed 'with' or 'without' prejudice. If it is dismissed 'without prejudice' it means the prosecutor can bring the case to court again. Dismissed 'with prejudice' means that they cannot bring the same charges against the defendant again.

The court will also dismiss a case if the prosecution or plaintiff moves that the case be dismissed because they no longer wish to prosecute, usually when the defense proves that someone else did it. They may also move for dismissal based on reaching an out of court settlement, or plea bargain.

Answer 4

The term can refer to a few things, all of which having about the same end result. In general, however, it refers to the termination of a legal action.

1. A Plaintiff in a civil case can voluntarily dismiss the case at any time prior to jury verdict. This might be done if the case does not seem to be going well and the Plaintiff does not wish to risk losing. In many jurisdictions, if a Plaintiff voluntary dismisses a case, he/she/it is allowed to file it one more time as long as the statute of limitations has not expired in the meantime. Typically, if the Plaintiff dismisses and then refiles, he/she/it may be required to pay some or all of the Defendant's court costs incurred in the first action. It will depend upon the jurisdiction as to whether attorney's fees are also recoverable.

2. A judge can dismiss a case. This might be the result of an order on a pre-answer motion, such as a motion to dismiss. That kind of motion often is directed to the manner on which the cause of action was pled rather than to the merits of the case. If the case is dismissed on such a motion due to a pleading defect, the Plaintiff is usually given the chance to re-plead (amend) the cause of action.

One glaring exception to that rule is that if the Defendant properly raises a Statute of Limitations defense in a motion to dismiss, and the court grants the motion. If in fact, the Statute of Limitations has expired and there are no factual or legal arguments to support the position that the Statute has been stayed or otherwise held in abeyance, a re-pleading will not be permitted.

3. In a criminal case or in some administrative cases, the State or other governmental entity is the equivalent of the Plaintiff. In those cases, the governmental entity can decide to "drop" (i.e.: Nolle Prosequi) the charges, which is the equivalent of a dismissal. Likewise, the presiding judge may decide early in the proceeding that there is insufficient evidence, and dismiss the charges.

Additional Information to #3 above: The judge has the option of Dismissal WITH Prejudice or Dismissal WITHOUT Prejudice. WITH prejudice means that the state is barred from re-filing the same charge against the defendant. WITHOUT prejudice signifies that the state MAY, if it wishes, re-file the same or amended charges again.

Answer 5

It can mean many things. The prosecutor can dismiss a case for lack of evidence to proceed or as part of a plea bargain. A judge may dismiss on a defense motion. The result of the dimissal varies as well. It can be with prejudice in which case the charges cannot be brought back, or without prejudice in which case it may be revived at a later date. In a criminal setting it may be dismissed based upon speedy trial grounds or in a civil setting it may be based upon a statute of limitations. For some implications in a criminal setting see the related links below.

Answer 6

It means that the judge has rendered a judicial decision that the case will not proceed. Dismissals are generally doen "with prejudice" or "without prejudice."

Answer 7

It means that for some legal reason the court has dismissed the charges against the individual. A case may be dismissed "with prejudice" or "without prejudice."