Kentucky Stipulation for Dismissal

State:
Multi-State
Control #:
US-01600
Format:
Word; 
Rich Text
Instant download

Description

This form is a Stipulation of Dismissal, without prejudice. Used by a plaintiff to dismiss a complaint previously filed. Plaintiff may desire to re-file complaint alleging other matters, or may dismiss in compliance with a settlement agreement.

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FAQ

(1) If a party dies during the pendency of an action and the claim is not thereby extinguished, the court, within the period allowed by law, may order substitution of the proper parties. If substitution is not so made the action may be dismissed as to the deceased party.

Rule SCR 3.285 - Motion to reconsider or dismiss a charge (1) Either party may file a motion with the Inquiry Commission to reconsider or dismiss a charge prior to the case being submitted to the Trial Commissioner for determination of factual issues, or to the Board if it presents only a legal issue.

?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).

Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...

When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician, dentist or appropriate health ...

A plaintiff asks for a default judgment if a defendant fails to file an answer within 20 days after being served. If you fail to file an answer within 20 days the court will take the position that you agree with the allegations in the complaint and a default judgment is entered.

P. 23.05. The claims, issues, or defenses of a certified class may be settled, or defenses of a certified class may be settled, voluntarily dismissed, or compromised only with the court's approval.

Rule 41.02 - Involuntary dismissal; effect thereof (1) For failure of the plaintiff to prosecute or to comply with these rules or any order of the court, a defendant may move for dismissal of an action or of any claim against him.

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Kentucky Stipulation for Dismissal