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The judge has found SOME portion of the charge(s) improper or not comporting with law and has dismissed ONLY THAT portion of the original charge(s). The remaining portion of the case is (presumably) still viable and will go forward without the portion that was dismissed.

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14y ago

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What is a motion stipulation in criminal proceedings?

Stipulation Once a defendant has served an answer to the plaintiff's complaint, the plaintiff may obtain a dismissal without prejudice by entering a formal agreement, a stipulation, with the defendant. The parties agree to the terms of the dismissal, which must be filed with the court clerk and put into effect by the action of the clerk. A dismissal agreement is a court order that enforces the stipulation of the parties. A dismissal by stipulation is a dismissal without prejudice unless the parties otherwise agree and record their agreement in the text of the stipulation.


What is the difference between a dismissal with prejudice and a dismissal without prejudice in a legal case?

In a legal case, a dismissal with prejudice means the case is permanently closed and cannot be brought back to court. A dismissal without prejudice means the case can be refiled in the future.


What is the difference between dismissal with and without prejudice in legal proceedings?

Dismissal with prejudice means that the case is permanently closed and cannot be brought back to court. Dismissal without prejudice means that the case can be refiled in the future.


What happens after a dismissal withuut prejudice?

After a dismissal without prejudice, the case can be refiled and the same claims brought again. The reasons for dismissal without prejudice may include procedural errors or faults that can be corrected in a subsequent filing.


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.


Does a Voluntary dismissal with prejudice equal final judgment?

Yes, essentially. A voluntary dismissal with prejudice indicates that the plaintiff has voluntarily dropped the case and cannot file suit again. A voluntary dismissal without prejudice gives the plaintiff one more chance in court.


What is stipulation agreement in eviction case?

A stipulation in an eviction is a agreement where the landlord and tenant agree to something, such as a move-out date, payment of rent for dismissal of the eviction, etc.


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.


What does dismissed with prejudice as the parties have reconciled?

A dismissal with prejudice means that with the dismissal the court is considered to have ruled on the matter. Certain rights may be prejudiced arising from a dismissal with prejudice.Added: A dismissal with prejudice means that neither party can bring the same charge for THAT particular incident to court again.However, this does not preclude them from bringing an action in the event of any future occurrence .


What happens if yo go to court and your case is dissmissed can the creditor take you back to court?

There are TWO types of dismissal. DismissalWITH prejudiceand dismissal WITHOUT prejudice. "With" prejudice means that the same charge cannot be brought again. "Without" prejudice means that the immediate charge is dismissed, but that it CAN be brought up again. Which type of dismissal did you receive?


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.


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.