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Generally if the party with the burden of proof cannot present evidence that, if accepted by the jury, would be enough to show liability, whether in a civil or criminal trial, the defendant will move the court to dismiss, without allowing the case to go to a jury.
Requests for dismissal or non-suit of a pending case can be submitted by using the Request for Court Action ? Civil/Small Claims Division form, plaintiff's praecipe, endorsed order, or sufficient proof of the consent of all parties.
Guidelines for responding to a ?Without Prejudice? letter You should respond to the letter as soon as possible to indicate your receipt of the letter and indicate your general stance. You should do this through a lawyer if you have one.
Dismissed-no cost means the petition has been dismissed to the favour of the respondent, but the petitioner need not pay any litigation expenses to the respondent.
Whereas a case that is dismissed ?with prejudice? is dismissed permanently, a case that is dismissed ?without prejudice? is only dismissed temporarily. This temporary dismissal means that the plaintiff is allowed to re-file charges, alter the claim, or bring the case to another court.