This form is a sample order granting the defendant's motion for summary judgment dismissing the plaintiff's cause of action with prejudice.
Colorado Order Granting Motion for Summary Judgment and Final Judgment of Dismissal with Prejudice
State:
Multi-State
Control #:
US-PI-0272
Format:
Word;
Rich Text
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How to fill out Order Granting Motion For Summary Judgment And Final Judgment Of Dismissal With Prejudice?
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FAQ
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.
A dismissed case is closed. However, a closed case doesn't mean it's always dismissed. A closed case means there's nothing else going on with the case. A case can be closed if no charges are filed, but not technically dismissed.
?With prejudice? means that you cannot re-file your case ever. ?Without prejudice? means that you can re-file your case at a later date (as long as you are still within the statute of limitations).
A search warrant may be issued under this Rule to search for and seize any property: (1) Which is stolen or embezzled; or (2) Which is designed or intended for use as a means of committing a criminal offense; or (3) Which is or has been used as a means of committing a criminal offense; or (4) The possession of which is ...
When a court dismisses an action, they can either do so ?with prejudice? or ?without prejudice.? Dismissal with prejudice means that the plaintiff cannot refile the same claim again in that court.
A dismissal with prejudice is much more desirable for the defendant than dismissal without prejudice. When a criminal case is dismissed with prejudice, the prosecutor cannot file new charges or reopen the case. The dismissal permanently ends the case in the defendant's favor.
The responding party shall have 21 days after the date of service of a motion, or such lesser or greater time as the court may allow, in which to file a response. The moving party may file a reply no later than 14 days after the date of service of the response, or such lesser or greater time as the court may allow.
A case dismissed with prejudice is considered a final ruling on the merits of that case. A case dismissed without prejudice is not considered a ruling on the merits and the plaintiff is free to file a new lawsuit on the same grounds if they wish to do so.