Vermont Order Granting Motion for Summary Judgment and Final Judgment of Dismissal with Prejudice

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Multi-State
Control #:
US-PI-0272
Format:
Word; 
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This form is a sample order granting the defendant's motion for summary judgment dismissing the plaintiff's cause of action with prejudice.
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FAQ

Dismiss refers to the court's decision to terminate a court case without imposing liability on the defendant.

On motion or on its own initiative, the court may dismiss a petition if the petitioner fails to proceed with the case. (2) Failure to State a Claim or Lack of Jurisdiction.

On motion and upon such terms as are just, the court may relieve a party or the party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been ...

?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).

The first defense to an order of rejoinder is the doctrine of res judicata. A dismissal with prejudice ?has the same effect as a common law retraxit and bars any future action on the same subject matter.? (Torrey Pines Bank v. Superior Court (1989) 216 Cal. App.

The prosecution invokes nol prosequi or dismissal when it has decided to discontinue a prosecution or part of it. Lawyers and judges refer to the charges ?nol prossed? or dismissed.

A dismissed case is closed. However, a closed case doesn't mean it's always dismissed. A closed case means there's nothing else going on with the case. A case can be closed if no charges are filed, but not technically dismissed.

Notice of Dismissal means a written notification provided to a violator by the assessment officer or the Secretary dismissing and vacating the civil administrative penalty.

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Vermont Order Granting Motion for Summary Judgment and Final Judgment of Dismissal with Prejudice