Ads
related to: example of motion to dismiss with prejudice
Search results
Results From The WOW.Com Content Network
Within legal civil procedure, prejudice is a loss or injury, and refers specifically to a formal determination against a claimed legal right or cause of action. [4] Thus, in a civil case, dismissal without prejudice is a dismissal that allows for re-filing of the case in the future. The present action is dismissed, but the possibility remains ...
Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit). A voluntary dismissal with prejudice (meaning the plaintiff is permanently barred from further litigating the same subject matter) is the modern descendant of the common law procedure known as retraxit. [1]
N.Y. Crim. Proc. Law § 210.40 grants the defendant (or the prosecutor or the court) the power to apply for relief: . First, it directs the court to find, under the general concept of the "furtherance of justice" stated in its provisions, that the "dismissal is required as a matter of judicial discretion by the existence of some compelling factor, consideration or circumstance clearly ...
The case was dismissed with prejudice, meaning it cannot be refiled, according to an agreement for dismissal by all parties and an order dated Aug. 14 in federal court.
At about 4 p.m. local time, she sided with the defense and dismissed the case with prejudice, meaning it cannot be brought again. ... Your motion to dismiss with prejudice is granted.” ...
On May 19, Flynn's counsel filed an Emergency Petition for a Writ of Mandamus in the United States Court of Appeals for the District of Columbia Circuit requesting a writ ordering the district court to (1) grant the government's Motion to Dismiss with prejudice, (2) vacate its order appointing an amicus curiae, and (3) assign the case to ...