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How long do you have for WHAT? If your case was dismissed WITHOUT prjudice, it means that the prosecutor can re-institute the charges and indict you again for the same offfense.
Answer
You haven't provided enough detail and the answer depends on the type of case and court where your case was filed. In a civil case, the dismissal can mean such factors as lack of cause or that your complaint is deficient and you need to file an amended complaint. Generally, there is a time period after the dismissal when something else can be filed.
What else can I help you with?
How long does an attorney have to refile a case that has been dismissed?
Not enough information. Was it dismissed WITH prejudice, or WITHOUT prejudice?
Can the plainiff refile?
Whether a plaintiff can refile a case depends on the specific circumstances and jurisdiction. If the case was dismissed without prejudice, the plaintiff typically has the right to refile. However, if it was dismissed with prejudice, the plaintiff generally cannot refile the same claim. It's important for the plaintiff to consult with an attorney to understand their options based on the details of their case.
Can a dismissed case be re-opened The court never said if it was dismissed with or without prejudice. Just that the case was dismissed and I was free to go?
When a case is dismissed with prejudice the State cannot refile the charges.Added: When it is dismissed WITHOUT prejudice, the charges CAN be re-filed and you can be prosecuted. Regardless of what you remember, the original case file will reflect in what manner the original case was resolved. Do the research or ask your attorney.
Can you retry a 1st degree murder count if you have a hung jury?
Yes, a hung jury does not decide the guilt or innocence of the defendant. Until their is adjudication (decision) of the case that is not a finished case. If a jury is hung the prosecutor has to decide if they want to refile the charges or not. If they chose to refile then the case begins all over again. If not, then the defendant does not have to answer to the charge anymore. When that happens the case is dismissed. It can be dismissed with or without prejudice. If it is dismissed without prejudice then the prosecution can refile charges somewhere down the line; if it is with prejudice they cannot reopen the case.
Can a plaintiff refile a dismissed case because the plaintiff did not show?
Yes, a plaintiff can typically refile a dismissed case if it was dismissed without prejudice, meaning the case was dismissed for reasons that do not prevent refiling. However, if the case was dismissed with prejudice, the plaintiff generally cannot refile the same claim. It's important for the plaintiff to understand the specific reasons for dismissal and any applicable statutes of limitations before refiling. Consulting with a legal professional is advisable to navigate the complexities of the situation.
Can you sue after your case is dismissed?
Yes, you can sue after your case is dismissed, but the specific circumstances matter. If the dismissal was "with prejudice," you generally cannot refile the same claim. However, if it was "without prejudice," you may be able to refile the case, potentially addressing any issues that led to the dismissal. It's important to consult with a legal professional to understand your options based on the details of your case.
Can you refile a small claims case?
Yes, you can refile a small claims case if it was dismissed without prejudice, meaning the case was not decided on its merits. However, if the case was dismissed with prejudice, you generally cannot refile it. It's important to check the specific rules and procedures of your local small claims court, as they may have specific regulations regarding refiling cases. Additionally, consider addressing any issues that led to the dismissal before refiling.
How do you know if your bankruptcy was dismissed with prejudice?
If your case was dismissed with prejudice, it is because you failed to supply the needed schedules on time or you failed to do what that the court requested. The court will notify you that the case is dismissed and give instructions whether you can refile and the time line in which you can do 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.
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 are the differences 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 potentially be refiled in the future.
How long does a plaintiff have to refile a civil case dismissed without prejudice?
A plaintiff typically has a specific time frame to refile a civil case dismissed without prejudice, which can vary by jurisdiction. Generally, this period is governed by the statute of limitations applicable to the underlying claim. For many cases, the time to refile can range from a few months to several years, depending on the nature of the claim and state laws. It's essential for the plaintiff to check the relevant statutes and local court rules to determine the exact timeframe.
