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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.
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 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.
A dispositive motion may also be used to request that an indictment be dismissed or quashed, or for judgment on pleadings. At least in some jurisdictions, a corporation's motion to terminate a shareholder's derivative suit is treated as a dispositive motion. See, e.g., Dreiling v. Jain, 151 Wn.2d 900, 93 P.3d 861 (2004).
For cases that were dismissed or acquitted, an application for expungement can be made 60 days after the dismissal; for felony cases originally filed in District Court but which have not resulted in an indictment by the grand jury, an application for expungement can be made 6 months following the date of the District Court decision to hold the ...
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case.
Inserts an inline link to the [[Illinois Compiled Statutes]], the numbering system used since 1992 for [[statute law]] in [[Illinois]]. All statute laws still in effect as of July 1992, or enacted later, are classified under this system. Template parameters [Edit template data] Parameter Description Type Status chapter 1 chapter number: before the "ILCS" in citations Number required act 2 act ...
In the jurisdictions where the FNC rule survives, a court will usually dismiss a case when the judge determines that the dispute would be better adjudicated in a different forum. After a period of split approach to forum non conveniens , the High Court adopted a consolidated application of the rule in Voth v Manildra Flourd Mills (1990) 171 CLR ...
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