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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.
Wiki User
∙ 14y ago
Wiki User
∙ 14y agoYou can present a motion to the court to dismiss your case - the judge will decide if it's 'with prejudice' or not.
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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.
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 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.
Can a judge rules a case if is friend with plantiff?
A Judge who believes that he is biased should recuse themselves. If the Judge believes that he can fairly adjudicate the case, then he can; but most would not simply to avoid any appearance of prejudice.
What is a voluntary non-suit without prejudice?
This is probably a voluntary dismissal of the case without prejudice. It means that at this point the case is being dismissed or not prosecuted. Without prejudice, however, this means the case could be refiled at any time or amended.
What is a voluntary non suit without prejudice?
This is probably a voluntary dismissal of the case without prejudice. It means that at this point the case is being dismissed or not prosecuted. Without prejudice, however, this means the case could be refiled at any time or amended.
