Kentucky Order of Dismissal

State:
Multi-State
Control #:
US-00842
Format:
Word; 
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Description

This is an Order of Dismissal. This is used when the State files a Motion to Dismiss the charges brought against the Defendant. The Court finds that the Motion has merit and Orders the dismissal of all charges. This form is applicable in all states.

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FAQ

On any motions submitted to the Court for decision, the Court is to make all reasonable efforts to enter a decision on the motion within thirty (30) days after date of submission.

?With prejudice? means the decision is final. ?Without prejudice? means it's not final and subject to future inquiry. If the judge announces a case is dismissed with prejudice, that means it's permanently dismissed and can't be retried.

Rule SCR 3.285 - Motion to reconsider or dismiss a charge (1) Either party may file a motion with the Inquiry Commission to reconsider or dismiss a charge prior to the case being submitted to the Trial Commissioner for determination of factual issues, or to the Board if it presents only a legal issue.

In any action exempted under KRS 411.610, all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party.

Rule 41.02 - Involuntary dismissal; effect thereof (1) For failure of the plaintiff to prosecute or to comply with these rules or any order of the court, a defendant may move for dismissal of an action or of any claim against him.

P. 23.05. The claims, issues, or defenses of a certified class may be settled, or defenses of a certified class may be settled, voluntarily dismissed, or compromised only with the court's approval.

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Kentucky Order of Dismissal