Virginia Dismissal Without Prejudice

• Category: Civil Procedure - Dismissals
• State: Multi-State
• Control #: US-00919
• Format: Word; Rich Text

Description

This form is an order of dismissal without prejudice. 'Without prejudice' means that the plaintiff is not barred from refiling the action. Dismissals without prejudice occur when a case is thrown out on a procedural technicality or when plaintiff moves for dismissal in order to refile. 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.

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.