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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 .
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
An appellate court may also vacate its own decisions. Rules of procedure may allow vacatur either at the request of a party (a motion to vacate) or sua sponte (at the court's initiative). [1] A vacated judgment may free the parties to civil litigation to re-litigate the issues subject to the vacated judgment.
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 ...
Kevin McCarthy has for now lost the House speaker’s gavel in an historic moment on the heels of a showdown on Capitol Hill over government funding.
But Rep. Ralph Norman, R-S.C., remained noncommittal on the motion to vacate, saying he wants to hear a plan from Greene for who would take over as speaker if Johnson is ousted.