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What else can I help you with?
Is a dismissal of judgment different that a vacated judgment?
No. A "vacated" judgment means that the court considers that the judgment never took place - is vacated - is rendered null and void. A "dismissed" judgment can be done two ways - "with prejudice" and "without prejudice." "Dismissed WITH prejudice" means that even if the facts presented are true the case is over and cannot be re-tried. "WITHOUT prejudice" means the same, EXCEPT, that the charges CAN be re-filed and the case re-tried.
What is a order of dismissal?
It is an order issued by a judge actually dismissing the charges that were brought in the case - usually for some legal insufficiency, or lack of evidence, of the case itself. There are two types of dismissal: Dismissal WITH Prejudice, and Dismissal WITHOUT Prejudice. WITH prejudice means that the same charges cannot be re-instituted and brought before the court again,. WITHOUT Prejudice means that the charges MAY be re-instituted and brought before court again AFTER the legal insufficiency is cured.
What are the forms of dismissal?
In crimninal courts there are two types dismissal. (1) Dismissal WITH Prejudice (means the same charge cannot be brought against the same defemndant again for the same offense) -and - (2) Dismissal WITHOUT Prejudice (means that once the Prosecutor "cleans up" some minor flaw in the case) he can re-institute the same case against the defendant.
Is it considered double jeopardy in retrying a case that was already dismissed by the courts?
Not necessarily - there are two types of Dismissal. Dismissal WITH prejudice... and... Dismissal WITHOUT prejudice. With prejudice mean that the judge has thrown that particular charge out and it cannot be brought against you again. Without preudice means that he is temporarily dismissing but it does NOT bar the same case from being re-insiituted.
What does dismissal with prejudice mean in foreclosure case?
Dismissal with prejudice in a foreclosure case means that the case has been resolved in a way that bars the plaintiff from bringing the case back to court at a later date. This usually indicates that the court has made a final decision regarding the foreclosure action, and it cannot be refiled.
What is dismissal about?
That's when the school bell rings and everyone gets out of the classroom. Dismissal of charges means that the charges against the person are dismissed, or no longer before the court for disposal.
What is the difference between dismissed with prejudice and without prejudice?
It is an order issued by a judge actually dismissing the charges that were brought in the case - usually for some legal insufficiency, or lack of evidence, of the case itself. There are two types of dismissal: Dismissal WITH Prejudice, and Dismissal WITHOUT Prejudice. WITH prejudice means that the same charges cannot be re-instituted and brought before the court again,. WITHOUT Prejudice means that the charges MAY be re-instituted and brought before court again AFTER the legal insufficiency is cured.
What does felony dismissal really mean in new york city?
It depends on the type of the dismissal. Dismissal WITH prejudice means that the charges cannot be brought against that defendant again.. Dismissal WITHOUT prejudice means that the charges MAY be re-filed against the defendant.
Who won alden v Maine?
No one--the case was never heard. The case was dismissed by the Federal Circuit Court. It was re-filed in state court, where it was dismissed on the same grounds (sovereign immunity). The dismissal was upheld by the U.S. Supreme Court.
Can a non suit with prejudice ever be re litigated?
No, a nonsuit with prejudice means that the case has been dismissed permanently, and it cannot be re-litigated in court. This type of dismissal signifies that the plaintiff is barred from bringing the same claim again in the future.
Prejudice with or without what is the difference?
There are two types of dismissal: Dismissal WITH Prejudice, and Dismissal WITHOUT Prejudice. WITH prejudice means that the same charges cannot be re-instituted and brought before the court again,. WITHOUT Prejudice means that the charges MAY be re-instituted and brought before court again AFTER the legal insufficiency is cured.
What does notice of voluntary dismissal as to count ii re-establishment of lost note mean?
I can translate it - but since it's YOUR case - hopefully YOU will know what it refers to:"Notice of Voluntary Dismissal as regards to Count II - Re-establishment of lost note." You are notified that (someone - perhaps the court perhaps the other side) voluntarily (by their own actions) dismissed Count IIof whatever case is being referred to which is the re-establishment of the lost note. That's the best I can do. You can always contact the Clerk Of Court's office to find out exactly what is contained in the court jacket.
