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"If a plaintiff's action to foreclose a residential mortgage has been dismissed without prejudice pursuant to R.4:64-8 of the Rules Governing the Courts of New Jersey of the State of New Jersey, reinstatement of the plaintiff's action may be permitted only on motion for good cause shown.
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]
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.
In the U.S. Federal Rules of Civil Procedure, the term does not appear, but a dismissal under Rules 12 and 41 has a similar effect. Often, the term "nonsuit" will appear in older U.S. cases. The meaning of the term in most of these older cases is the same as described for the United Kingdom (see below).
There is no waiting period in the case of criminal proceedings that resulted in an acquittal or dismissal with prejudice, however; where a no bill is returned by a grand jury as to an individual, or the proceedings against them are dismissed without prejudice, they are ineligible to petition for the records of the case to be sealed until two ...
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.
Special counsel Jack Smith on Monday filed a motion to dismiss President-elect Donald Trump’s Jan. 6 criminal indictment for allegedly defrauding the United States, conspiring to obstruct ...
The New Jersey Civil Service Commission is an independent body within the New Jersey state government under the auspices of the Department of Labor and Workforce Development. The commission existed from 1908 to 1986, being reestablished in 2008. [1] The commission interprets, amends and adopts rules regarding civil service employment in New ...