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Oregon Stipulation And General Judgment of Dismissal with Prejudice

State:
Oregon
Control #:
OR-HJ-439-04
Format:
PDF
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A04 Stipulation And General Judgment of Dismissal with Prejudice

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Noun. 1. judgment of dismissal - a judgment disposing of the matter without a trial. dismissal, judgement of dismissal. judicial decision, judgment, judgement - (law) the determination by a court of competent jurisdiction on matters submitted to it.

Definition from Nolo's Plain-English Law Dictionary When a lawsuit is dismissed with prejudice, the court is saying that it has made a final determination on the merits of the case, and that the plaintiff is therefore forbidden from filing another lawsuit based on the same grounds.

Dismissal with prejudice is a final judgment and the case becomes res judicata on the claims that were or could have been brought in it; dismissal without prejudice is not.

A stipulated (agreed) dismissal (see s. 799.24(3) of the Wisconsin Statutes) happens when the plaintiff and the defendant agree to have the judge dismiss the action and not enter a judgment against the defendant only if the defendant pays the plaintiff an agreed upon amount by a certain date.

The courts in California may dismiss a case either with or without prejudice. Cases dismissed with prejudice cannot be reopened.

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.

A stipulated dismissal is always a voluntary agreement between the parties. After the court makes a determination of how much the defendant should pay, the parties can enter into the agreement and have it entered as an order by the judge.

Definitions of judgment of dismissal. noun. a judgment disposing of the matter without a trial.

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Oregon Stipulation And General Judgment of Dismissal with Prejudice