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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 dismissal of the cases marks an end to a lengthy legal saga. Smith had to refile the election-subversion charges against the former president based on the Supreme Court ruling that Trump was ...
“When a prosecutor moves to dismiss an indictment without prejudice, ‘there is a strong presumption in favor’ of that course,” she wrote, citing case law from 2011 and 1989.
"The case was dismissed without prejudice (meaning it can be refiled) in December after the victims left our jurisdiction," Kagay told The Capital-Journal on Thursday. "We made several attempts to ...
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 ...
In criminal procedure, an adjournment in contemplation of dismissal (ACD or ACOD) allows a court to defer the disposition of a defendant's case, with the potential that the defendant's charge will be dismissed if the defendant does not engage in additional criminal conduct or other acts prohibited by the court as a condition of the ACD. [1]
Involuntary dismissal is made by a defendant through a motion for dismissal, on grounds that plaintiff is not prosecuting the case, is not complying with a court order, or to comply with the Federal Rules of Civil Procedure. Involuntary dismissal can also be made by order of the judge when no defendant has made a motion to dismiss.
Aug. 11—CHEYENNE — A U.S. District Court judge has dismissed a lawsuit against a Cheyenne Police officer that alleged unlawful seizure and excessive force. In a July 14 order granting a motion ...