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Judge on the 'Jena 6' case.
Without prejudice refers to closing a case without preventing it being brought again. A case is 'dismissed without prejudice' means that when the problems with the way it was brought the first time were fixed, they would be able to bring it to the court again. 'With Prejudice' would mean that the case could not be brought again.
A Notice of Nonsuit is the termination of a legal action. An example of this type of notice would be if a plaintiff fails to pursue or abandons the suit; a judgment would be granted against the plaintiff in this case. In a nonsuit case ruling, there is a dismissal of the case. It can be done with or without prejudice. If done with prejudice, it means the case cannot be refiled. If done without prejudice, it can be refiled later on. In Texas, there is a form that is filled out and submitted to the court.
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.
Plaintiffs do not charge. They file lawsuits. The plaintiff can always file, but if the case is dismissed with prejudice, a new filing cannot be litigated. If a case is dismissed with prejudice, it means res judicata applies, and a new filing would be dismissed because the issues have already been litigated. If the case is dismissed without prejudice, it means that it has been voluntarily dismissed or dismissed for some reason to allow the case to be refiled and re-litigated later.
Not necessarily - there are two types of Dismissal. Dismissal WITH prejudice... and... Dismissal WITHOUT prejudice. With prejudice mean that the judge has thrown that particular charge out and it cannot be brought against you again. Without preudice means that he is temporarily dismissing but it does NOT bar the same case from being re-insiituted.
It depends on what the circumstances were. If the case was Dismissed WITH Prejudice, the case cannot be brought again. If the case was Dismissed WITHOUT Prejudice, the case can be brought again.
If it is dismissed without prejudice the case can be filed for suit again. And, if it is with prejudice the case will have notes from the judge and be permanently closed.
If a court case is dismissed with prejudice the matter cannot be tried again.
That would normally be a crimnal case. It would be three years for a felony and 18 months for a midemeanor, from the dismissal.
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.
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.