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Motion to Amend Petition You may change your petition before trial by filing a changed petition with the court clerk. This is commonly known as amending a petition.
Rule 502.7 - Amending and Clarifying Pleadings (a)Amending Pleadings. A party may withdraw something from or add something to a pleading, as long as the amended pleading is filed and served as provided by Rule 501.4 not less than 7 days before trial.
Dismissal for Want of Prosecution. The court shall reinstate the case upon finding after a hearing that the failure of the party or his attorney was not intentional or the result of conscious indifference but was due to an accident or mistake or that the failure has been otherwise reasonably explained.
When the court feels that there has been a lack of progress in the case, they may issue a dismissal for want of prosecution. This essentially means that the plaintiff (the person who initiated the suit) has done nothing to move the case forward in a timely manner.
Dismissed for want of jurisdiction - the Court lacks jurisdiction to decide the question on which certiorari was granted. Remanded - send back the matter to the court from which it was appealed.
CPL 210.40 (1), enacted in 1970, states that an indictment or a count thereof may be dismissed in furtherance of justice when, even though there may be NO BASIS TO DISMISS AS A MATTER OF LAW, dismissal is REQUIRED as a MATTER OF JUDICIAL DISCRETION by the existence of some COMPELLING FACTOR, CONSIDERATION OR ...
3 Time for Motion and Ruling. A motion to dismiss must be: (a) filed within 60 days after the first pleading containing the challenged cause of action is served on the movant; (b) filed at least 21 days before the motion is heard; and (c) granted or denied within 45 days after the motion is filed.
A general denial of matters pleaded by the adverse party which are not required to be denied under oath, shall be sufficient to put the same in issue.