[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Name of the Court] [Address of the Court] [City, State, ZIP Code] Subject: Request for Final Judgment of Dismissal with Prejudice [Judge's Honorific], I, [Your Name], the Plaintiff/Defendant in the above-mentioned case, hereby request the Court to issue a Final Judgment of Dismissal with Prejudice. I believe that all relevant facts and evidence have been presented to the Court, and there is substantial reason to dismiss the case permanently. In accordance with Rule [enter relevant rule number] of the [specific New Mexico court rule], I assert that the grounds for dismissal include [state the grounds for dismissal, such as lack of jurisdiction, improper service of process, failure to state a claim, etc.]. Furthermore, there is no justifiable reason for further trial proceedings, as the facts and evidence overwhelmingly support the dismissal with prejudice. I have attached a proposed Final Judgment of Dismissal with Prejudice for your consideration. This proposed judgment includes a brief synopsis of the case, the reasons for dismissal, and a clear statement of the Court's decision to dismiss with prejudice. Under the [relevant New Mexico court procedural rule], a Final Judgment of Dismissal with Prejudice cannot be granted without an opportunity for the opposing party to respond. Therefore, I kindly request that the Court set a date for response and, if necessary, a hearing to address any opposition or arguments raised by the opposing party. I hereby affirm that I have served a copy of this letter, along with the proposed Final Judgment of Dismissal with Prejudice, to the opposing party at their last known address or through their legal representative. Thank you for your prompt attention to this matter. If you require any further information or documentation, please do not hesitate to contact me at the provided contact details. Yours sincerely, [Your Name]
New Mexico Sample Letter for Final Judgment of Dismissal with Prejudice
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FAQ
Legally, double jeopardy would happen if a person was tried twice for the same crime. This is forbidden by the U.S. Constitution. However, if someone has been dismissed without prejudice, that doesn't prevent charges from being refiled later.
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.
?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).
What Is Dismissed with Prejudice? In a California civil or criminal case, either party can file a motion for dismissal that will terminate the case. Dismiss with prejudice is when the charges are dropped, and you are free.
As stated above, an acquittal takes place when, after a trial, a judge or jury finds that a defendant is not guilty of a crime. A dismissal comes earlier in the criminal court process when: the prosecutor does not believe there is enough evidence to support the charge(s), or.
Dismissal without prejudice means that the judge dismissed the plaintiff's or prosecutor's case without damaging their right to have their matter heard in court later. A prosecutor may ask to withdraw the case against a person to have more time to make a case stronger, find more evidence or question other witnesses.
?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).
A case that is ?dismissed with prejudice? is completely and permanently over. A case will be dismissed with prejudice if there is reason for the case not to be brought back to court; for example, if the judge deems the lawsuit frivolous or the the matter under consideration is resolved outside of court.
