South Dakota Stipulation and Order for Dismissal

State:
South Dakota
Control #:
SD-SKU-0310
Format:
PDF
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Stipulation and Order for Dismissal

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FAQ

?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 dismissal by stipulation is a dismissal without prejudice unless the parties otherwise agree and record their agreement in the text of the stipulation.

If you were sued before filing bankruptcy, you may receive a ?Stipulation for Dismissal? or similar document from the creditor that sued you at some point after filing your Chapter 7 case. It's basically an ?agreement? letting the judge know that the court can dismiss (end/close) the case pending against you.

Stipulation of Dismissal means a writing documenting a Luxe Claimant's dismissal with prejudice of any state court litigation commenced by such Luxe Claimant against Luxe Energy and all other defendants in such litigation, on account of any obligation discharged or released under this Plan.

A stipulation of fact leaves that fact no longer at issue, and must be accepted by the jury. By contrast, a stipulation as to testimony does not compel the jury to accept as true all the facts within the stipulated testimony, but permits the jury to accept the stipulated evidence in whole, in part, or not at all.

Dismissal Order means an Order of the Court dismissing the Pending Action in ance with the provisions of Article 6 below, which order has become final and no longer subject to appeal or reconsideration.

A dismissal with prejudice means that the ruling is the final judgment in the case. The dismissal prohibits the prosecutor from refiling the charges. In a dismissal without prejudice, the prosecutor can refile the charges (or file new charges based on the same circumstances) at some future time.

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South Dakota Stipulation and Order for Dismissal