Bail Without Prejudice In North Carolina
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Rule 41(a) (2) deals with a dismissal by order of the court, which may be upon such terms as the court deems proper. It further provides that voluntary dismissal cannot defeat a counterclaim already pleaded. A dismissal under this paragraph is without prejudice unless otherwise specified in the order.
Rule 55 provides: If, in order to enable the judge to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to take an investigation of any other matter, the judge may conduct such hearings or order ...
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.
Rule 41(a)(1) of the North Carolina Rules of Civil Procedure allows a plaintiff to dismiss a complaint without prejudice by filing a notice of dismissal at any time before he rests his case. Notice may be given by filing a written notice of dismissal or by oral notice in open court.
Rule 41 (a) (I) allows a plaintiff to dismiss his action without court order at any time before service by the adverse party of an answer or of a motion for summary judgment. Lower federal court decisions are in conflict over what constitutes an answer or a motion for summary judgment under this rule.
If a request for admission is served with the summons, the summons shall so state. (c) Summons – Return. – Personal service or substituted personal service of summons as prescribed by Rules 4(j) and (j1) must be made within 60 days after the date of the issuance of summons.
Dismissal without prejudice means that the judge dismissed the plaintiff's or prosecutor's case without damaging their right to have their matter heard in court later. A prosecutor may ask to withdraw the case against a person to have more time to make a case stronger, find more evidence or question other witnesses.
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.
