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If a plaintiff who previously dismissed an action in any court files an action based on or including the same claim against the same defendant, the court:. In multiparty lawsuits, situations can arise where dismissal of a single partyeither on the plaintiff or defendant sideis sought.If you file an lawsuit and you decide you do not want to move forward, you can ask the court to dismiss the case. If the indictment is dismissed at the defendant's request, the Act's provisions apply anew upon reinstatement of the charge. During an Arraignment, the accused, now called the defendant, is read the charges against him or her and advised of his or her rights. Yes. It is possible for a case to be dismissed at the pretrial hearing. If the judge denies summary judgment, the entire case can go to trial. In all cases any one or more of the defendants may be convicted or acquitted. Subd. 3. Severance of Offenses or Defendants. During the hearing, the judge will likely issue a decision regarding any pretrial motions to dismiss the case.