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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.

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16y ago

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Related Questions

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.


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 custodial parent take the noncustodial parent back to court after the judge dismiss the case in Illinois?

Yes, if the case was dismissed "without prejudice."


Can a bankruptcy case be redone after a order to dismiss with prejudice?

Yes


How man times can a woman drop a child support case and bring it back up?

As long as the courts dismiss the case "without prejudice," she can bring it again.


Dismissed without prejudice in a paternity case is this possible?

Yes, a paternity case can be dismissed without prejudice, meaning that the case is closed but the plaintiff retains the right to refile the case in the future. This typically occurs when the court finds that there are procedural issues or if the parties agree to dismiss the case for some reason. Dismissal without prejudice allows for the possibility of addressing the issues later without losing the opportunity to pursue paternity claims.


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 does motion for nonsuit without prejudice?

A motion for nonsuit without prejudice is a request made by the plaintiff to dismiss the case voluntarily before a verdict is reached. This means that the plaintiff can potentially refile the case at a later date without being barred by double jeopardy.


How can we dismiss a case when we are innocence for a crime not committed?

It's typically up to the Prosecutor in a criminal case to make the decision to dismiss the case, unless, the state has failed to meet the requirements for the charge they've laid against a person. When the latter happens, the defense can motion for the case to be dismissed with or without prejudice.


Does a non suit without prejudice have to be refiled?

A non-suit without prejudice allows a plaintiff to voluntarily dismiss a case without affecting their right to refile it later. This means that the plaintiff can initiate a new lawsuit on the same claims in the future. However, it is important to adhere to any applicable statutes of limitations when refiling.


What is the difference between a case being dismissed with prejudice and dismissed without prejudice?

When a case is dismissed with prejudice, it means that the case is permanently closed and cannot be brought back to court. On the other hand, when a case is dismissed without prejudice, it means that the case can be refiled in the future.


What is the difference between a dismissal with prejudice and a dismissal without prejudice in a legal case?

In a legal case, a dismissal with prejudice means the case is permanently closed and cannot be brought back to court. A dismissal without prejudice means the case can be refiled in the future.