A Stipulation to Dismiss is a legal agreement between the plaintiff and the defendant in a civil lawsuit in which the two parties agree to dismiss the case. It is a request from one party to the court to dismiss the case without a trial or other proceedings. It can be entered into at any time before the case is concluded, and is sometimes used as a way to settle disputes without a lengthy court battle. There are two types of Stipulation to Dismiss: With Prejudice and Without Prejudice. A Stipulation to Dismiss With Prejudice means that the case will be dismissed permanently and cannot be refiled in the future. A Stipulation to Dismiss Without Prejudice means that the case can be refiled in the future.
Stipulation to Dismiss
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Stipulation to Dismiss
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/d?s?m?s·?l/ a decision that something or someone is not important and not worth considering: The lawyer is seeking a dismissal of the charges against his client.
A dismissal refers to the court's decision to terminate a court case without imposing liability on the defendant. The court may dismiss a case in response to a defendant's motion to dismiss or do so sua sponte.
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.
A motion to dismiss challenges the sufficiency of the complaint, while a motion for summary judgment challenges the underlying merits of the case. In other words, a motion to dismiss is based on the legal sufficiency of the complaint, while a motion for summary judgment is based on the factual sufficiency of the case.
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.
?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).
Nolle prosequi is a Latin phrase meaning "will no longer prosecute" or a variation on the same. It amounts to a dismissal of charges by the prosecution. Some states, like New York, for example, don't use the phrase. Rather, they simply use the term dismissal.