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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.
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.
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.
In a case with more than one named defendant, normally all defendants who have been served with legal process must join in the notice of removal. [2] If the party contends that removal was improper, based on any ground other than that the federal district court lacks subject matter jurisdiction, the party may move the district court to remand ...
The judge's ruling nixes effort by Kenneth Chesebro, a Trump election lawyer in 2020, to say his guilty plea violated his right to due process.
Arizona Attorney General Kris Mayes (D) on Sunday pledged to move forward with the state’s “fake electors” case against several allies of President-elect Trump, despite his recent victory in ...
At common law, notice is the fundamental principle in service of process. In this case, the service of process puts the defendant "on notice" of the allegations contained within the complaint, or other such pleading. Since notice is fundamental, a court may rule a pleading defective if it does not put the defendant on notice.
Special counsel Jack Smith moved to drop the Justice Department’s appeal in President-elect Donald Trump’s classified documents case. The move, announced in a court filing Monday, aligns with ...