Alaska Dismissal Without Prejudice

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US-00919
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This form is an order of dismissal without prejudice. 'Without prejudice' means that the plaintiff is not barred from refiling the action. Dismissals without prejudice occur when a case is thrown out on a procedural technicality or when plaintiff moves for dismissal in order to refile.

Alaska Dismissal Without Prejudice is a legal term used to describe the termination of a lawsuit or criminal case without prejudice, meaning that the plaintiff or prosecutor can refile the case at a later date. This type of dismissal is common in the Alaska court system and provides the opportunity for the case to be reopened in the future, either due to new evidence or procedural errors. In Alaska, there are different types of dismissals without prejudice that may be applicable to various circumstances: 1. Voluntary Dismissal Without Prejudice: This occurs when the plaintiff or prosecutor chooses to dismiss the case without any intention of giving up their right to bring the lawsuit or criminal charges again in the future. It may be done for strategic reasons, such as wanting more time to gather evidence or reassess the case's merits. 2. Stipulated Dismissal Without Prejudice: This type of dismissal is agreed upon by both parties involved in the case. They mutually decide to dismiss the lawsuit or criminal charges without prejudice, often as a result of reaching a settlement or resolving the issue outside of court. It allows for the possibility of reopening the case if necessary. 3. Dismissal Without Prejudice for Lack of Prosecution: In some instances, a case may be dismissed without prejudice due to the plaintiff or prosecutor's failure to actively pursue the matter. If they fail to take necessary steps or appear in court without a valid reason, the court may dismiss the case without prejudice, giving the option to refile it later. 4. Dismissal Without Prejudice for Procedural Errors: If substantial errors occur during the legal process that may affect the integrity of the case, such as violations of proper evidence handling or constitutional rights, the court may dismiss the case without prejudice. This allows for corrective actions to be taken, such as further investigation or addressing the procedural errors before refiling the case. It is essential to note that a dismissal without prejudice does not result in a final judgment on the merits of the case. It simply halts the current proceedings while keeping the option open for the case to be pursued again in the future. However, it is always advisable to consult with a legal professional to understand the specific implications and potential consequences of an Alaska Dismissal Without Prejudice.

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Rule 45(b), Alaska Rules of 08 Criminal Procedure, is amended to read: 09 (b) Speedy Trial Time Limits. A defendant charged with a felony, a 10 misdemeanor, or a violation shall be tried within 70 [120] days from the time set forth 11 in paragraph (c) of this rule.

A parent or guardian of a minor who has a claim against another person has the power to execute a full release or a covenant not to sue, or to execute a stipulation for entry of judgment on such claim.

A temporary restraining order may be granted without written or oral notice to the adverse party or that party's attorney only if (1) it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the ...

Rule 41 - Bail (a)Admission to Bail. The defendant in a criminal proceeding is entitled to be admitted to bail pursuant to AS 12.30.

Rule 40 - Index to Cases (a) The court system shall maintain an index by last name of every party named in every case filed, regardless of whether a party's true name is protected in the public index under paragraphs (b) or (c) of this rule.

Rule 33 - New Trial (a)Grounds. The court may grant a new trial to a defendant if required in the interest of justice. (b)Subsequent Proceedings. If trial was by the court without a jury, the court may vacate the judgment if entered, take additional testimony and enter a new judgment.

Upon notice to every other party and upon leave of court, a party may deposit with the court all or any part of any sum of money or any other thing capable of physical delivery which is the subject of the action or due under a judgment.

UNDER ADMINISTRATIVE RULE 40(a) or AS 22.35.030 Under Alaska law, court case records are public unless an Alaska statute or court rule requires that they be sealed or made confidential.

If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the ...

Rule 69 - Execution-Examination of Judgment Debtor-Restraining Disposition of Property- Execution After Five Years (a)Execution -- Discovery. Process to enforce a judgment shall be by a writ of execution, unless the court directs otherwise.

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(4) A dismissal for want of prosecution is without prejudice unless the court states in the order that the case is dismissed with prejudice. (5) If a case ... (g) A claim may be dismissed with or without prejudice and without court order at any time by agreement of the parties, or upon written notice by the plaintiff ...Full name: Phone: Email: Mailing address: Signature: Date: [STOP here: The court will fill out the rest of this form.] ... Case DISMISSED without prejudice per ... dismissal or stipulation, the dismissal is without prejudice, except that a ... With the motion, the applicant must file with the court the following: (A) ... notice, the court shall dismiss without prejudice the action as to that defendant. The clerk may enter the dismissal if the plaintiff has not opposed dismissal. Oct 1, 2023 — A case that is dismissed without prejudice can be refiled. If it is a criminal case, the prosecutor can refile the charges. If it is a civil ... (3) A motion to file a document ex parte may be filed ex parte without a prior court order. (4) Unless otherwise ordered by the court, if a motion to file a ... Sep 18, 2018 — § 12-504(a) allows six months to re-file a dismissed claim. But, if the claim is terminated by abatement, voluntary dismissal by order of the ... attempt to meet the standards of Civil Rule 9(b), either through a dismissal without prejudice to amend the deficient complaint or through an order issued. Jan 1, 2023 — court document, the court may dismiss the action with or without prejudice for failure ... Failure to timely file the opening brief may result in.

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Alaska Dismissal Without Prejudice