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REQUEST FOR DISMISSAL Definition & Legal Meaning a term for asking the court to terminate or dismiss a case. usually asked for by the attorney for the defendant.
File your forms at the courthouse where you filed your case. The court clerk will process your Request for Dismissal (Form CIV-110) and Form CIV-120. The clerk will keep the original and return the copies of Form CIV-110 to you, stamped "Filed." Keep one for your records.
North Carolina Rule of Civil Procedure 41(a) permits a plaintiff to voluntarily dismiss its claims without prejudice any time before resting its case.
If your charges are ultimately dismissed, they may remain on your criminal record. However, the record will show that you were not convicted. Your arrest will also be on your criminal record. You should investigate getting your record expunged if your charges are dismissed.
You can consult an attorney about the options in your county, or discuss this with the prosecutor in court. As explained above, there also may be online options for having your charge dismissed or reduced. To determine the online options available to you, go to Citation Services.
(a) The court on motion of the defendant must dismiss the charges stated in a criminal pleading if it determines that: (1) The statute alleged to have been violated is unconstitutional on its face or as applied to the defendant. (2) The statute of limitations has run.
? Subject to the provisions of Rule 23(c) and of any statute of this State, an action or any claim therein may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before the plaintiff rests his case, or; (ii) by filing a stipulation of dismissal signed by all parties who ...