This form is a used when both parties wish to dismiss the lawsuit with prejudice. Neither the plaintiff nor the defendant can bring forth any charges on this same claim. This form is available in Word and Wordperfect formats.
Alabama Joint Stipulation For Dismissal With Prejudice
State:
Alabama
Control #:
AL-010-14-CP
Format:
Word;
Rich Text
Instant download
Description
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FAQ
When a lawsuit is dismissed with prejudice, the court is saying that it has made a final determination on the merits of the case, and that the plaintiff is therefore forbidden from filing another lawsuit based on the same grounds. See also: dismiss, dismissal without prejudice.
The courts in California may dismiss a case either with or without prejudice. Cases dismissed with prejudice cannot be reopened.
A case will be dismissed with prejudice if there is reason for the case not to be brought back to court; for example, if the judge deems the lawsuit frivolous or the the matter under consideration is resolved outside of court.
Fill out your court forms. Fill out a Request for Dismissal (Form CIV-110 ). File your forms at the courthouse where you filed your case. Serve the other side with a copy of the dismissal papers. File the Notice of Entry of Dismissal and Proof of Service (Form CIV-120)
A stipulated dismissal is always a voluntary agreement between the parties. After the court makes a determination of how much the defendant should pay, the parties can enter into the agreement and have it entered as an order by the judge.
In the formal legal world, a court case that is dismissed with prejudice means that it is dismissed permanently. 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.
Dismissal with prejudice is a final judgment and the case becomes res judicata on the claims that were or could have been brought in it; dismissal without prejudice is not.
When a case is dismissed without prejudice, it leaves the plaintiff free to bring another suit based on the same grounds, for example if the defendant doesn't follow through on the terms of a settlement. See: dismiss, dismissal with prejudice.
