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The North Carolina laws were changed to eliminate the nolle prosequi with leave motion in 1973, allowing prosecutors to voluntarily dismiss charges without tolling the statute of limitations. [2] State law allows prosecutors to file for a voluntary dismissal with leave to re-instate charges when the delay is caused by the defendant’s own ...
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.
Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
Judge denies motion to withdraw guilty plea. On Feb. 27, Chatham County Superior Court Judge Benjamin Karpf denied Cordell Richardson's motion to withdraw his guilty plea for a 2018 aggravated ...
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 ...
A 2020 law was supposed to automatically erase arrest records after people were found not guilty or the charges were dismissed. But now lawmakers are going in a different direction.
For example, a federal court would not initially have removal jurisdiction over claims under state law brought by a Texas citizen against another Texas citizen and a New York citizen. However, should the Texas defendant be dropped from the claim, the New York citizen can remove if one year has not passed since the initiation of the suit.
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court.Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. [1]