[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [North Dakota District Court] [District Court Address] [City, State, ZIP] Re: Final Judgment of Dismissal with Prejudice — Case No. [case number] Dear Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing in reference to the above-mentioned case and respectfully request your honorable judgment for a Final Judgment of Dismissal with Prejudice. I, [Your Full Name], representing the plaintiff [Plaintiff's Name] in this matter, would like to request the aforementioned judgment based on the following grounds: 1. Exhaustion of Legal Remedies: The plaintiff has meticulously pursued all available legal remedies in an attempt to settle the dispute. Numerous attempts of mediation and negotiation have been undertaken, all without yielding any resolution to the matter at hand. 2. Insufficient Evidence: After a thorough investigation and discovery process, it has become evident that there is a lack of substantial evidence to support the plaintiff's claims. The provided evidence does not meet the burden of proof necessary to proceed with the case. 3. Legal Implications: Continuing the legal proceedings in this matter would not serve the interests of justice. The dismissal with prejudice would prevent the plaintiff from re-filing the same claim subsequently, ensuring finality in this matter. The dismissal with prejudice is sought in order to protect the rights and interests of the defendant [Defendant's Name]. This judgment would effectively bar any future litigation concerning the same cause of action. Should the honorable court grant our request for Final Judgment of Dismissal with Prejudice, the defendant will be freed from any further liability or obligation pertaining to this matter. All pending claims and causes of action related to this case shall be permanently terminated. I would like to express my gratitude for your prompt attention to this matter and kindly request that you may consider the relief sought to facilitate a just and equitable resolution. Thank you for your time and consideration. I remain available should the court require any additional information or clarification. Yours sincerely, [Your Full Name] [Your Title/Role] [Law Firm Name, if applicable]
North Dakota Sample Letter for Final Judgment of Dismissal with Prejudice
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How to fill out North Dakota Sample Letter For Final Judgment Of Dismissal With Prejudice?
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FAQ
A case dismissed with prejudice is considered a final ruling on the merits of that case. A case dismissed without prejudice is not considered a ruling on the merits and the plaintiff is free to file a new lawsuit on the same grounds if they wish to do so.
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 dismissal with prejudice is much more desirable for the defendant than dismissal without prejudice. When a criminal case is dismissed with prejudice, the prosecutor cannot file new charges or reopen the case. The dismissal permanently ends the case in the defendant's favor.
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.
?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).
?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).
§ 15A-1061. Mistrial for prejudice to defendant. The judge must declare a mistrial upon the defendant's motion if there occurs during the trial an error or legal defect in the proceedings, or conduct inside or outside the courtroom, resulting in substantial and irreparable prejudice to the defendant's case.
