answersLogoWhite

0

Dismiss "with leave" means the case is dismissed, but the plaintiff may re-file to (hopefully) fix whatever was incomplete or otherwise lacking in the original filing. Dismiss with leave is contrasted with dismiss on the merits, which means the case is dismissed and the plaintiff may not re-file. Thus the plaintiff has lost the case.

User Avatar

Wiki User

13y ago

What else can I help you with?

Continue Learning about Law

What does leave to withdraw mean?

"Leave to withdraw" typically refers to a request for permission to remove or dismiss a legal case or motion. It means that the party is seeking approval from the court to voluntarily drop or withdraw their claim or application.


What is the meaning of moved to dismiss?

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.


What does notice of placement of the case on inactive calendar and of intent to dismiss what if your court case mean?

It means that the court has decided to temporarily suspend the case due to inactivity. If there is no action taken within a specified time period, the case may be dismissed. You should review the notice carefully and follow any instructions provided to prevent dismissal.


What are the reasons a lawyer can use a motion to dismiss during a hearing?

A lawyer can use a motion to dismiss during a hearing for a number of reasons. One of the reasons a lawyer can use a motion to dismiss during the hearing is if the plaintiff (the person who brings the suit to court) fails to present a valid and legal claim for the case.


Can a motion to dismiss be used in small claims court as an answer to the plaintiiffs claim and service?

In small claims court, a motion to dismiss may not be used as an initial response to the plaintiff's claim and service. Instead, parties are typically required to file an answer within a specified time frame. However, depending on the specific circumstances and court rules, a motion to dismiss may be allowed in response to the plaintiff's claim.