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A dismissal may occur at any time during a criminal case prior to a verdict by a jury or judge. The Judge may dismiss the case for legal or factual reasons, or the prosecutor may realize they just can't prove the case and dismiss it.
37. On notice to other parties and all affected persons, a party may move for an order compelling discovery. The motion shall include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make discovery in an effort to obtain it without court action.
Rule 40(A) Review; dismissal; rulings. Each trial judge is required to periodically review all cases assigned to the judge. This requirement applies to civil and criminal cases.
This rule applies to a dismissal of any counterclaim, crossclaim, or third-party claim. A claimant's voluntary dismissal under Rule 41(a)(1)(A)(i) must be made: (1) before a responsive pleading is served; or. (2) if there is no responsive pleading, before evidence is introduced at a hearing or trial.
If a defendant has pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the action may be dismissed over the defendant's objection only if the counterclaim can remain pending for independent adjudication.
If the court denies the motion to dismiss, the defendant(s) must serve their answer within 14 days after notice of the court's action (Ohio Civ. R. 12(A)).
After the plaintiff, in an action tried by the court without a jury, has completed the presentation of the plaintiff's evidence, the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has ...
(1) Failure to prosecute. Where the plaintiff fails to prosecute, or comply with these rules or any court order, the court upon motion of a defendant or on its own motion may, after notice to the plaintiff's counsel, dismiss an action or claim.