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What does dismiss with leave mean?

Updated: 4/30/2024
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12y ago

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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.

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12y ago
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1d ago

"Dismiss with leave" typically indicates that a case or matter has been dismissed, but with the possibility of it being refiled or revisited at a later time if certain conditions are met or new evidence emerges. It allows the option for the case to be reopened or continued in the future.

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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?

"Moved to dismiss" refers to a legal motion made by one party in a court case requesting that the case be dismissed. This can happen for various reasons, such as lack of evidence, legal defects, or procedural errors. If the motion is granted, the case will be dismissed and will not proceed to trial.


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 if they believe that the case lacks legal merit, there are procedural defects, or there is insufficient evidence to support the claims being made. This motion asks the judge to dismiss some or all of the charges against the defendant.


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.

Related questions

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Order or allowed to leave: send away.


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It sounds like stealing to me.


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Is dismiss an adverb?

No, it is not. Dismiss is a verb, which can mean release (a class, a subordinate) or ignore (a threat, a court case), or terminate, fire (an employee).


What does it mean if you see angels at the gates?

It means nothing, dismiss it.


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 preposition goes after dismiss?

The preposition "from" typically follows the verb "dismiss." For example, "She was dismissed from her job."


Why did victor dismiss the idea of suicide even though he was extremely dpressed?

it would leave Elizabeth and his family utterly downtrodden and depressed.