Mississippi Order Dismissing One Defendant

State:
Mississippi
Control #:
MS-61238
Format:
Word; 
Rich Text
Instant download

Description

An Order is an official written statement from the court commanding a certain action, and is signed by the judge. Failure to comply with the order is unlawful and may result in contempt of court charges. This document, a sample Order Dismissing One Defendant, can be used as a model to draft an order requested for submission by the court (the court often directs a party to draft an order). Adapt the language to the facts and circumstances of your case. Available for download now in standard format(s). USLF control no. MS-61238

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FAQ

The court may dismiss a case in response to a defendant's motion to dismiss or do so sua sponte. According to FRCP 41(a), a plaintiff may also voluntarily dismiss an action by choosing to drop the case or by reaching an out of court settlement with the defendant.

It means the case was dismissed, either because plaintiff dismissed it or plaintiff didn't show up for the trial.

WHAT IS A DISMISSED CASE? A dismissed criminal case is one in which you were not convicted. When a criminal charge is dismissed, you are not guilty and the case is concluded.

Thus, just as a summary judgment is not a dismissal meaning a summary judgment should not be sought through a motion to dismiss a dismissal is not a summary judgment, and should not be sought thereby.

When a small claims case is dismissed, the court terminates the case without a trial and prior to the case's completion. A dismissal, in effect, denies the plaintiff's claim to the money requested in the Small Claims Complaint (or a counterclaim), even though the merits of the case have never been heard by the court.

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Mississippi Order Dismissing One Defendant