A Virginia Dismissal Without Prejudice is a legal term that describes the voluntary termination or discontinuation of a court case by the plaintiff. This type of dismissal allows the plaintiff to dismiss their own case without prejudice, meaning they can refile the case at a later date if desired. In Virginia, there are two main types of dismissals without prejudice: voluntary and involuntary. Voluntary Dismissal Without Prejudice: This occurs when the plaintiff, for various reasons, decides to end the case voluntarily. It may be due to a change in circumstances, lack of evidence, the discovery of new information, or the parties reaching a settlement agreement. By dismissing the case without prejudice, the plaintiff retains the option to refile the case in the future if necessary. Involuntary Dismissal Without Prejudice: This type of dismissal is initiated by the court itself, typically due to procedural errors, lack of jurisdiction, or failure to prosecute the case. The court may decide to dismiss the case without prejudice if it believes the issues preventing the case from proceeding can be rectified. Keywords: Virginia, Dismissal Without Prejudice, voluntary dismissal, involuntary dismissal, court case, termination, discontinuation, refile, plaintiff, settlement agreement, procedural errors, lack of jurisdiction, failure to prosecute.
Virginia Dismissal Without Prejudice
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FAQ
Whereas a case that is dismissed ?with prejudice? is dismissed permanently, a case that is dismissed ?without prejudice? is only dismissed temporarily. This temporary dismissal means that the plaintiff is allowed to re-file charges, alter the claim, or bring the case to another court.
For example, an employer might admit in a without prejudice communication that it had failed to carry out certain procedures which might otherwise render a dismissal unfair, but the employee would normally not be able to show that admission to an Employment Tribunal to try and prove their claim.
Dismiss refers to the court's decision to terminate a court case without imposing liability on the defendant.
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.
?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.
Virginia Code § 18.2-57.3 governs dismissal of first offenses. That code section states that first offenders, if they plead guilty or are found guilty after a trial, are eligible to have their cases dismissed.
Requests for dismissal or non-suit of a pending case can be submitted by using the Request for Court Action ? Civil/Small Claims Division form, plaintiff's praecipe, endorsed order, or sufficient proof of the consent of all parties.
Reasons for dismissal without prejudice The parties came to an agreement and the plaintiff wants to end the case. The person the plaintiff sued paid you the money he or she owed you. The plaintiff cannot locate the defendant to serve him or her, but wants to reserve the right to sue at a later date.
