Oregon Stipulated Dismissal is a legal agreement between a prosecutor and a defendant in which the prosecutor agrees to drop criminal charges upon the defendant's successful completion of certain obligations. This agreement is available for most criminal charges, including misdemeanors and felonies. There are three main types of Oregon Stipulated Dismissal: Deferred Sentence, Deferred Judgement, and Conditional Dismissal. In a Deferred Sentence, the defendant pleads guilty to the charge and the judge agrees to suspend the sentence, provided the defendant meets all the conditions of the agreement. These conditions typically include fines, community service, and/or attending treatment or classes. If the defendant meets the conditions within the set amount of time, the charge is dismissed. In a Deferred Judgement, the defendant pleads guilty, but the judge does not enter a judgement. Instead, the judge defers entering a judgement and the defendant must meet the conditions of the agreement to have the charge dismissed. In a Conditional Dismissal, the defendant agrees to certain conditions in exchange for the prosecutor dismissing the charge. This is typically used for minor offenses. The defendant must comply with the conditions of the agreement in order to have the charge dismissed.
Oregon Stipulated Dismissal
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FAQ
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 plaintiff may dismiss an action in its entirety or as to one or more defendants without order of court by filing a notice of dismissal with the court and serving the notice on all other parties not in default not less than 5 days prior to the day of trial if no counterclaim has been pleaded.
54(d)(1), not later than 14 days after filing of the Clerk's order taxing costs, any party may file and serve written objections to the Clerk's order. Unless requested by the Court, there will be no further submissions, and review by the Court will be determined on the same papers and evidence submitted to the Clerk.
/d?s?m?s·?l/ a decision that something or someone is not important and not worth considering: The lawyer is seeking a dismissal of the charges against his client. (Definition of dismissal from the Cambridge Academic Content Dictionary © Cambridge University Press)
In the formal legal world, a court case that is dismissed with prejudice means that it is dismissed permanently. A case dismissed with prejudice is over and done with, once and for all, and can't be brought back to court. A case dismissed without prejudice means the opposite.
Dismissal Order means an Order of the Court dismissing the Pending Action in ance with the provisions of Article 6 below, which order has become final and no longer subject to appeal or reconsideration.
A motion to dismiss challenges the sufficiency of the complaint, while a motion for summary judgment challenges the underlying merits of the case. In other words, a motion to dismiss is based on the legal sufficiency of the complaint, while a motion for summary judgment is based on the factual sufficiency of the case.
Definitions of judgment of dismissal. a judgment disposing of the matter without a trial. synonyms: dismissal, judgement of dismissal. type of: judgement, judgment, judicial decision. (law) the determination by a court of competent jurisdiction on matters submitted to it.