The plaintiff cannot - that is a judge's prerogative. The plaintiff can REQUEST that a judge consider ruling that way, but it is up to the judge as to whether he will grant it or not.
It depends on whether it was dismissed with prejudice or without prejudice. If with prejudice, it can never be reinstated. If without prejudice, it can reinstated at any time. Usually a court will dismiss without prejudice.
There are two ways in which a judge can "dismiss" a case.Dismissed with prejudice, which means the case can never be brought up again, and dismissed without prejudice, which means that the government can re-file the case if some certain minor flaw in the original presentment is remedied.It sounds like your original case was dismissed WITHOUT prejudice.
Yes, if the case was dismissed "without prejudice."
Yes
As long as the courts dismiss the case "without prejudice," she can bring it again.
Yes, a paternity case can be dismissed without prejudice, meaning that the case is closed but the plaintiff retains the right to refile the case in the future. This typically occurs when the court finds that there are procedural issues or if the parties agree to dismiss the case for some reason. Dismissal without prejudice allows for the possibility of addressing the issues later without losing the opportunity to pursue paternity claims.
Yes, a judge will dismiss a case without prejudice if the case is brought in the wrong jurisdiction. A defendant is deemed to consent to the jurisdiction if he does not raise it.
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.
It's typically up to the Prosecutor in a criminal case to make the decision to dismiss the case, unless, the state has failed to meet the requirements for the charge they've laid against a person. When the latter happens, the defense can motion for the case to be dismissed with or without prejudice.
A non-suit without prejudice allows a plaintiff to voluntarily dismiss a case without affecting their right to refile it later. This means that the plaintiff can initiate a new lawsuit on the same claims in the future. However, it is important to adhere to any applicable statutes of limitations when refiling.
When a case is dismissed with prejudice, it means that the case is permanently closed and cannot be brought back to court. On the other hand, when a case is dismissed without prejudice, it means that the case can be refiled in the future.
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.