Bail Without Prejudice In California
Description
Form popularity
FAQ
A case is dismissed without prejudice if 1) it is not resolved on the merits but for some reason is technically deficient as filed and the judge so rules, or, 2) the plaintiff moves for a voluntary dismissal for some reason.
“Dismissed without prejudice” is a legal term that means a case is dismissed but can still be refiled at a later point. Both civil and criminal cases can be dismissed without prejudice.
WCAB (1977) 42 CCC 401.) Because a dismissal without prejudice leaves the matter as if no application had been filed, in many cases the appeals board will allow an applicant to reopen a dismissed claim as long as the petition to reopen was filed within five years of the date of injury.
The dismissal ``without prejudice'' does not mean that you won the issue regarding the debt. It just means that the creditor stopped fighting in court without conceding that you won. So the dismissal ``without prejudice'' does not necessarily help your argument to remove this from your credit report.
A case is dismissed without prejudice if 1) it is not resolved on the merits but for some reason is technically deficient as filed and the judge so rules, or, 2) the plaintiff moves for a voluntary dismissal for some reason.
If your case is dismissed without prejudice, prosecutors will still have another two years to refile before the statute of limitations expires. Contact our California criminal defense lawyers for more information.
Code of Civil Procedure Section 583.310 mandates automatic dismissal of any case that has not been “brought to trial” within 5 years of filing. This section does not require that a case reach “judgment” within five years, but only that trial commence within the statutory period.
The purpose and intended effect of the words “without prejudice” is to prohibit a party from using the doctrine of res judicata (from the Latin, “a thing decided”) in any later actions on the subject matter.
