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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?
what is dismiss to leave to refile mean?
"Dismiss to leave to refile" is a legal term indicating that a court has dismissed a case but allows the plaintiff the opportunity to refile it in the future. This often occurs when there are procedural issues or deficiencies in the original filing that can be corrected. It essentially gives the plaintiff a second chance to pursue their claims without prejudice, meaning the dismissal does not affect the merits of the case.
Mortgage foreclosure dismissed for want of prosecution?
The mortgage company did not go to their own court date and the foreclosure was dismissed. They will be able to refile it if it was without prejudice.
How much time does a plaintiff have to re file if the case in Small Claims was dismissed with no prejudice?
If a case in Small Claims was dismissed with no prejudice, the plaintiff typically has the opportunity to refile within the statute of limitations period for that particular claim. The specific time frame for refiling will depend on the laws in the jurisdiction where the claim was filed. It is advisable for the plaintiff to consult with an attorney or research the specific laws in their area for accurate guidance.
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.
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.
What does dismissed without prejudice mean in foreclosure case in Georgia?
When a foreclosure case is dismissed without prejudice in Georgia, it means that the case has been temporarily halted or canceled, but the lender retains the right to refile the case at a later time. This could happen for various reasons, such as procedural errors or the need to gather more evidence.
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.
What does dismissed with predjudice mean?
Dismissed without prejudice means that the judge is dismissing the case, but not barring further adjudication. It also means that the judge it not ruling on the merits of the case.
Can a plaintiff refile a dismissed small claims case?
That depends. If you mean that you were found not guilty, then no. That would be considered double jeopardy which is illegal. They can, however; charge you with other crimes as long as they dont rely on the original crime heavily as evidence.
What is praecipe to discontinue without prejudice?
Praecipe to discontinue means simply the case has ended and/or is closed. If it is a praecipe to discontinue without prejudice, then theoretically, the plaintiff could refile the suit later. If it is praecipe to discontinue with prejudice, it means the case is closed for ever. If it is a praecipe to settle and discontinue, the case is also closed forever. If it is simply a praecipe to discontinue, (and nothing further) it could be any of the above depending upon the facts.
