Minnesota 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

Dismissal in the interest of justice allows a court to dis- miss a procedurally proper, but unjust or unjustifiable, cause of action.

A: A judge can dismiss a case without prejudice if they detect legal errors that prevent the case from going forward. However, dismissing the case without prejudice allows the two sides to correct those errors and re-file the case.

A continuance for a dismissal is an agreement between the prosecutor and defendant to cease further prosecution for a period of time, during which the defendant must abide by certain conditions. Upon doing so, the case will be administratively dismissed.

Rule 30. The prosecutor may dismiss a complaint or tab charge without the court's approval, and may dismiss an indictment with the court's approval. The prosecutor must state the reasons for the dismissal in writing or on the record. In felony cases, if the dismissal is on the record, it must be transcribed and filed.

41.02Involuntary Dismissal; Effect Thereof (a) The court may upon its own initiative, or upon motion of a party, and upon such notice as it may prescribe, dismiss an action or claim for failure to prosecute or to comply with these rules or any order of the court.

?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).

Rule 30. After service of the summons, any party may take the testimony of any person, including a party, by deposition upon oral examination.

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Minnesota Stipulation for Dismissal