Not enough information. Was it dismissed WITH prejudice, or WITHOUT prejudice?
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.
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.
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.
summons or subpoena, yes
A chapter 13 can be filed if it has been at least two years from the date the first filing was dismissed.
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.
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.
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.
In legal terms, "dismissed by leave" typically refers to a situation where a case is dismissed at the request of the party with permission from the court. Whether there is a statute of limitations that applies depends on the specific claims involved and the jurisdiction in question. Generally, if a case is dismissed without prejudice, the plaintiff may still refile the case within the statute of limitations period. However, if it is dismissed with prejudice, the statute of limitations would not apply as the case cannot be refiled.
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.
It means that the case was dismissed by the assistant district attorney.
"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.