North Carolina Order of Dismissal
Description
How to fill out Order Of Dismissal?
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FAQ
North Carolina Rule of Civil Procedure 41(a) permits a plaintiff to voluntarily dismiss its claims without prejudice any time before resting its case.
Legal action has been terminated and the state is not moving forward with the prosecution ? at least for now.
? Subject to the provisions of Rule 23(c) and of any statute of this State, an action or any claim therein may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before the plaintiff rests his case, or; (ii) by filing a stipulation of dismissal signed by all parties who ...
If your charges are ultimately dismissed, they may remain on your criminal record. However, the record will show that you were not convicted. Your arrest will also be on your criminal record. You should investigate getting your record expunged if your charges are dismissed.
Under Rule 41 of the N.C. Rules of Civil Procedure, a plaintiff can voluntarily dismiss a civil action at any time before the plaintiff ?rests his case.? In that event, typically the plaintiff can re-file its lawsuit once any problems have been corrected.
The rule of civil procedure that stands alone under G.S. 28A-2-6 is Rule 17. G.S. 28A-2-6(e). Broadly, Rule 17 prescribes when a guardian ad litem must be appointed to act on behalf of an incompetent person, a minor child, and unborn and unascertained persons in certain proceedings. G.S. 1A-1, Rule 17.
(a) The court on motion of the defendant must dismiss the charges stated in a criminal pleading if it determines that: (1) The statute alleged to have been violated is unconstitutional on its face or as applied to the defendant. (2) The statute of limitations has run.
