Wayne Michigan Stipulation for Dismissal With Prejudice And Without Costs, Interest Or Attorneys' Fees

State:
Michigan
County:
Wayne
Control #:
MI-BM-080-08
Format:
PDF
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A10 Stipulation for Dismissal With Prejudice And Without Costs, Interest Or Attorneys' Fees

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FAQ

You must file the motion with the Clerk of Court located on the first floor of the Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113-1664. You will be required to pay a ?filing fee? to the Clerk of Court at the time you file the motion. Please refer to Local Rule 1 of this Court's Rules for the correct amount.

?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).

You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside default.

In civil procedure, when a court dismisses a case ?with prejudice,? it means that the court intends for that dismissal to be final in all courts, and that res judicata should bar that claim from being reasserted in another court.

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. It's not dismissed forever.

If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You ?serve? (mail) your motion to the other side.

Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion ?filed,? place the original in the Court file and return two (2) copies of the ?filed? document to you.

File the original and 1 copy of your Motion, and the Certification, with the clerk's office in person or by mail. o To e-file, create an account with an e-filing service provider. Visit efile.illinoiscourts.gov/service-providers.htm to select a service provider.

Under Michigan law and in most courts throughout the country, a losing party is given the opportunity to file a Motion for Reconsideration. In Michigan, however, it must be filed within 21 days of the order or ruling.

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Wayne Michigan Stipulation for Dismissal With Prejudice And Without Costs, Interest Or Attorneys' Fees