When you want a court to do something, you make a motion. If you make a motion to dismiss, you move to dismiss. If I moved to dismiss, I'm asking the court to dismiss whatever case is in front of me.
To get a dead docket dismissed in Georgia, you typically need to file a motion with the court where the case is pending. This motion should outline the reasons for the dismissal, such as lack of evidence or other legal grounds. It's advisable to consult with an attorney who can help you navigate the legal process and represent your interests effectively. If the motion is granted, the case will be officially dismissed.
You file an answer and file a motion to dismiss, citing a legal reason why the case should be dismissed. Then you ask the court for a hearing so that you can argue your motion.
To make a motion to reinstate a court-dismissed case, you should first prepare a written motion detailing the reasons for seeking reinstatement, such as new evidence or a valid justification for your previous noncompliance. This motion must be filed with the court that dismissed the case, along with any required forms and fees. It's important to adhere to the specific rules and deadlines set by the court, which can vary by jurisdiction. Finally, you may need to serve the motion to all parties involved and, in some cases, request a hearing for the motion to be considered.
Adjournment in Contemplation of Dismissal (ACD) means that the court has adjourned from hearing the case in consideration of a dismissal of charges. This typically indicates that the charges pressed against the defendant are soon to be dismissed as a motion for dismissal is being granted.
To dismiss a case in court, a party must file a motion to dismiss with the court. The motion should include legal reasons why the case should be dismissed, such as lack of evidence or legal basis. The judge will then review the motion and make a decision on whether to dismiss the case.
It means the case was dismissed, the case is no longer pending. It can be reinstated, which usually means there is something wrong with the pleadings or service that can be corrected and the case will then continue after a motion to reinstate is filed, showing the error(s) or omission(s) has/have been corrected.
It means that for some legal reason the court has dismissed the charges against the individual. A case may be dismissed "with prejudice" or "without prejudice."
A "motion to dismiss sustained" means that a judge has granted the defendant's request to dismiss a case or specific claims within it, typically due to a lack of legal basis or insufficient evidence. This ruling effectively ends the case, or the dismissed claims, before it goes to trial. The plaintiff may have the opportunity to amend their complaint, depending on the judge's ruling and the reasons for the dismissal.
"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.
If a default judgment was entered against you the case is over. By failing to appear you lost the case.
Yes, a Chapter 13 bankruptcy can be dismissed if the petitioner dies. Typically, the trustee or another party involved in the bankruptcy case will file a motion to dismiss the case due to the petitioner's death.