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The Act provides a sanction of dismissal for violation of its time limits that may be with or without prejudice to reprosecution. In assessing whether dismissal should be with prejudice, the court must consider the seriousness of the offense, the circumstances leading to dismissal, and the impact that reprosecution would have on the ...
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.
Wingo (1972), the Supreme Court developed a four-part test that considers the length of the delay, the reasons for the delay, the defendant's assertion of his right to a speedy trial, and the prejudice to the defendant. A violation of the Speedy Trial Clause is cause for dismissal with prejudice of a criminal case. Within these parameters, it ...
The cases were dismissed "without prejudice", meaning charges could be refiled after Trump finishes his second term as president. In his request to drop the election case, Smith wrote: "This ...
The case was soon after dismissed without prejudice, meaning it could be re-filed. It was unclear whether Disability Rights Washington would do so. Show comments
Common law legal systems can include a statute specifying the length of time within which a claimant or prosecutor must file a case. In some jurisdictions (e.g., California), [2] a case cannot begin after the period specified, and courts have no jurisdiction over cases filed after the statute of limitations has expired.
Filings in federal court in Covington show U.S. Chief District Judge Danny Reeves dismissed the claims against county and jail officials with prejudice on Aug. 16, meaning they cannot be refiled.
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 ...