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"Dismissal without prejudice" is usually a judgment heard in criminal court, and means that a case is dismissed but CAN be reinstituted at a later time. If by "petition" you are referring to a "motion" before the court, it depends on whose motion it is. If it is your motion, simply ask to withdraw it. If it is the other party's motion, you can offer your testimony as to why it shouldn't be granted, but that is all you can do and the judge will decide how to rule.
What else can I help you with?
When can the plantiff dismiss a case without prejudice?
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.
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.
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.
Denied without prejudice?
"Denied without prejudice" means that whoever had a request denied may refile his request. Usually a new request would contain more or different information.
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."
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.
Does Nolle Prosse mean the same as dismiss without prejudice?
No, only the prosecutor can issue a Nolle Prossequi (I decline to prosecute) - and only a judgecan issue a dismissal.
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.
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.
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.
At what point can a forgery charge and arrest be expunged that has been dismissed in Texas?
It may depend on HOW it was dismissed. WITH prejudice or WITHOUT prejudice? Once you answer that question you can refer to the folloing general guidelines; To request the expungement of an offense from your STATE (not Federal) criminal record: You must have either been exonerated, acquited, or served the complete term of your sentence - then file a petition/motion with the court setting forth valid reason(s) why your request should be granted. A judge will review your petition and the circumstances of your case and issue a ruling either granting or denying the request. AN EXPUNGEMENT IS NOT A PARDON! Expungement only removes the record of your offense from being available to the public. Law enforcement, the courts, and government agencies will always have access to your actual 'true' record.
