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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. You cannot be tried for the same case in another court as that would constitute Double Jeopardy.
If prosecutors dismissed the case ?without prejudice,? they can refile charges any time before the statute of limitations has expired ? that is, they can reopen it if they are able to overcome whatever caused the dismissal in the first place.
?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).
48. Rule 48 - Dismissal (A) Dismissal by the state. The state may by leave of court and in open court file an entry of dismissal of an indictment, information, or complaint and the prosecution shall thereupon terminate.
Once you get this filled out, you will file it with the court and your case number and then the clerk will enter your dismissal, and once that happens, then your case is officially dismissed, your lawsuit is over, and you can go on with the rest of your life.
A motion to dismiss is a formal request for a court to dismiss a case. The reasons for a dismissal vary greatly. Settlement: Approximately 95% of civil cases reach settlements at some stage (can be before, after, or during the trial).
Serve 1 filed copy of the Request for Dismissal (CIV-110) and an unfiled copy of the Notice of Entry of Dismissal and Proof of Service (CIV-120) on the other party. ?Service? means: someone, NOT YOU, who is at least 18 years old, must mail the filed copies to the other party.
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.