This is an official form for a Notice to be filed by a plaintiff informing the Court that he, she, or it is dismissing all claims against all parties. The lawsuit may be dismissed with or without prejudice to it being refiled.
This is an official form for a Notice to be filed by a plaintiff informing the Court that he, she, or it is dismissing all claims against all parties. The lawsuit may be dismissed with or without prejudice to it being refiled.
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The prosecution can request a voluntary dismissal with or without prejudice (usually without). This may be because the defendant accepted a plea deal, a settlement of some sort was reached, or the prosecutor wants more time to pursue the case. They may also opt to pursue different charges.
A dismissal with prejudice means that the ruling is the final judgment in the case. The dismissal prohibits the prosecutor from refiling the charges. In a dismissal without prejudice, the prosecutor can refile the charges (or file new charges based on the same circumstances) at some future time.
In a California civil or criminal case, either party can file a motion for dismissal that will terminate the case. Dismiss with prejudice is when the charges are dropped, and you are free.
An action may be dismissed with prejudice sua sponte with written notice to the parties for want of prosecution where all defendants are in default and if the plaintiff fails to obtain entry of default and fails to apply for default judgment within six months after all defendants are in default.
For a case to be dismissed ?with prejudice? means that the case is dismissed permanently, it cannot be brought back to court, and the charges cannot be refiled.