This form is a sample order granting the defendant's motion for summary judgment dismissing the plaintiff's cause of action with prejudice.
Indiana Order Granting Motion for Summary Judgment and Final Judgment of Dismissal with Prejudice
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Multi-State
Control #:
US-PI-0272
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Word;
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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
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.
A Motion for Summary Judgment can be filed by a party to a legal case or adversary proceeding who believes that there is no genuine dispute as to any material fact and that the party is entitled to judgment as a matter of law.
?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. It's not dismissed forever.?
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.
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).
Trial Rule 41(E) states that where there is inaction in a case for 60 days or more, either the court or a party to the case may request that it be dismissed with prejudice, meaning that the side that has been inactive would have to pay court fees and attorney's fees for the other side.
?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).