Affidavit Legal Definition Without Prejudice In Maricopa

State:
Multi-State
County:
Maricopa
Control #:
US-00407
Format:
Word; 
Rich Text
Instant download

Description

This form is a general affidavit. Affiant maintains that his/her statements are made upon affirmation of belief and personal knowledge that certain facts and matters set forth in the document are correct and true.
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Affidavit

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FAQ

A case dismissed with prejudice is over and done with, once and for all, and can't be brought back to court. A case dismissed without prejudice means the opposite. It's not dismissed forever. The person whose case it is can try again.

Generally speaking, when a plaintiff does not show up for his trial, then the lawsuit is dismissed ``without prejudice.'' Without prejudice means that the plaintiff may refile the lawsuit at a later time if he would like.

A case dismissed with prejudice is over and done with, once and for all, and can't be brought back to court. A case dismissed without prejudice means the opposite. It's not dismissed forever. The person whose case it is can try again.

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.

It held that the voluntary dismissal of a federal lawsuit without prejudice, under Federal Rule of Civil Procedure 41(a), qualifies as a “final judgment, order, or proceeding” under Rule 60(b), which permits relief from final judgments. As a result, a court could reopen a case at a later date.

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.

For example, a nonsuit with prejudice marks the end of a plaintiff's case, meaning they can no longer refile the case. On the other hand, a nonsuit without prejudice ends the current case but enables the plaintiff to refile in the future.

A small claims lawsuit is a claim against another party for damages of an amount less than $3,500.00.

There is no maximum or minimum. One can sue for any amount. But in practice, if you ask for a crazy high amount (“a bazillion dollars”), you will get laughed at and not taken seriously. Some smaller courts have jurisdictional limits, but there are always courts with very high or unlimited jurisdictional ceilings.

The Maricopa County Justice Courts have exclusive jurisdiction over all small claims filings within Maricopa County. In the justice court you may file a Small Claims lawsuit claiming an amount UP TO AND INCLUDING, $3,500.00.

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Affidavit Legal Definition Without Prejudice In Maricopa