if a legal case gets dismissed by the plaintiff, can it later be reopened?
830500
yes it can be reopened if you chose to drop it. but you'll probably be filing for divorce if it doesn't work out this time, rather than a legal separation, right?
176586
If the application has been intentionally abandoned then it cannot be revived and the publication is irrelevant.\n\nIf it has not been abandoned, the publication has no effect because publication occurred after the priority date (ie filing date). \n\nI won't go into unintentional abandonment because it is a bit more complicated and doesn't look relevant here.
228045
You may send a letter to the judge asking the case to be sealed.  I would include letter of references from other memebers of the community in support of your request from the court.
69027
I would send a letter to the court and motion the court to dismiss with prejudice the charges for a lack of timely filing.  The prosecutor has time to file these charges.  I hope that you won't get yourself into this jam again.
1022307
It, of course, depends on your state's caselaw on the subject.  But, yes, it is possible... again depending on your state.  It won't be done unless there is "extraordinary circumstances".  That being said, if it is done, there is one hell of a good chance that, if convicted, the defendant will have a great appeal.  The prosecutor is a VERY interested party. He or she has a stake in the outcome of the case, and may not be that believable.\n\n-ask the bar association in your state-do not take anything said online as legal advice-
450871
It means the plaintiff won't show up, but they usually can't arbitrarily waive their appearance. You or your attorney if you have one would have to consent. If the plaintiff's attorney will be there, it really doesn't help you at all. It means you won't have anyone to cross-examine. I'd recommend asking for summary judgment in your favor. End of story.
908601
You can, but unless there was a substantive error in law (and there doesn't appear to have been) you won't win the appeal, and will wind up out more money than you are now.\n\nI'd advice against it, but it's up to you.
500521
Yes you can.\n\nThe prosecutor can take the case to the grand jury over and over again, then use a preliminary hearing the the grand jury votes no true bill. Your lawyer can tell the judge at your arraignment hearing the case has been dismissed before and that will go a long way toward rolling it again. Good luck.
58905
Absolutely hire an attorney.  If you don't file a claim in two years, you could be barred.\n\nIt is difficult to find a good attorney.  Perhaps you could call a defense firm in the city you're thinking of and ask them for a referral.  Defense lawyers generally know the good plaintiff attorneys.
778247
You are lucky to have been given a third chance. Generally speaking the case would have been dismissed (in my state) after the second no show.
637939
Assuming the plaintiff won (they don't always) then they can use the judgment to place liens on property and garnish wages. All of this is complex and you should consult a lawyer.
887539
I believe there is an exemption from the statute of limitations in cases of this sort.  You absolutely have the right to do this and it may bring you some measure of healing and closure.\n\nGood luck.
46633
A judge can do anything calendar wise with proper notice and the following of the Rules of Court.  This all depends on your jurisdiction. I'd suggest you attempt to reschedule through the court's Clerk. If a judgment was entered despite the cancellation of a mediation or hearing, it MAY be the basis for an appeal, but once again it depends on the jurisdiction.
312675
The legal system is annoyingly complex, and simple procedural (paperwork) errors can cause your entire case to be thrown out. Not getting a lawyer for a major lawsuit is like trying to repair cavities in your own teeth rather than going to a dentist. And about as painful.\n\nBut, if you are determined to do it yourself, that makes you "pro se" (meaning "for self"), also known as "in pro personam" or "pro per" ("in the name of the person"). Also, remember that the person who files a complaint is called the "plaintiff".\n\nThe first thing a plaintiff needs to consider is: what legal theory are they basing their claim on? What did the company do that violates any existing statute or tort? This needs to be researched in a local law library (available at most courts and lawschools) or equivalent. \n\nNext, the plaintiff need to figure out how they have been harmed, and to be able to articulate that in the complaint. The plaintiff also needs to be able to either attach a dollar figure, or determine if they are asking to court to order the other party to stop doing something (called: injunctive relief). \n\nOnce this is determined, that will determine whether the complaint can be made in small claims court (where neither side will have a lawyer). Most small claims courts (also sometimes called municipal courts) have public legal aid departments to help figure out if that route is available.\n\nIf small claims court will not work, then the next step is to find the appropriate superior (general jurisdiction) court to file the suit.\n\nAfter figure out which court to use, the plaintiff needs to draft a complaint, setting forth all the facts and claims articulated regarding the case, plus the requested relief. The plaintiff should also check state court rules for what else needs to be in the complaint.\n\nOnce the complaint is drafted, it needs to be filed with the court using the proper procedure. Most courts will help with the filing procedural questions. After being filed, copies of the complaint would need to served on the opposing parties. \n\nFailure to properly serve notice on the other parties will cause the complaint to be dismissed. Technical defects in how the complaint is prepared or formatted will cause the complaint to be dismissed. Even if the complaint is not dismissed for procedural problems, the other party can argue that the complaint does not contain the proper substantive arguments, and get it dismissed that way. Even if the complaint doesn't get dismissed, that just gets the plaintiff into the door -- then the complex stuff begins.
935015
I haven't been able to find a time limit and think that our legislators have been reluctant to impose any time limit because the evidence in some cases is notoriously time consuming to put together.  What I do know is that every so often the CPS will have kind of spring cleaning session and turn up in court with a big pile of cases which they want to get rid of.  There are three basic ways of achieving this in the magistrates' court. The first is by the use of the power in section 23 Prosecution of Offences Act 1985 ('s.23'). The second is by applying to withdraw the summons or charge and the third is by offering no evidence in court.\n\nDiscontinuance under s.23 can take place at any time until the magistrates begin to hear evidence in a trial. Timely termination of proceedings is in the interests of justice. The power to discontinue enables The CPS to terminate proceedings as soon as practicable after the decision is taken and avoids the need for a court hearing or the attendance of the parties. It also enables a defendant in custody to be released immediately without the need to wait until the next hearing. For these reasons, where it is intended to discontinue the entire proceedings, the preferred method of termination is normally discontinuance under s.23. \n\nAs a general rule, a decision to terminate proceedings on the ground of public interest is final. Only in exceptional cases is it appropriate to re-institute proceedings terminated on public interest grounds. On the other hand, when the decision has been taken on the basis of insufficient evidence, it is open to the prosecution to re-institute the proceedings if further evidence comes to light. \n\nThe defendant has a right to request the revival of proceedings which have been discontinued under s.23. S/he must make the request within 35 days of the notice being sent to the court. The most likely reason for a revival notice is the defendant's wish to be formally acquitted on the offence or offences charged.\n\nThe effect of the revival request is to turn the clock back so that the proceedings continue as if no notice of discontinuance had been given, but it does not affect the termination of orders regarding bail or custody. If the defendant has been released from custody following the discontinuance of the case under s.23, s/he cannot be detained if the proceedings are revived.\n\nUnless circumstances have radically changed since the notice of discontinuance was issued, the reviewing lawyer will formally offer no evidence in court.\n\nAll being well, your friend could receive a notice of discontinuance at some point.  He probably won't want to revive the proceedings!
1023732
What is their Motion to Dismiss based on?  Did you fail to state a proper claim, get proper service, file after the statute, wrong court, wrong defendent...?  A Motion to Dismiss is usually filed claiming that the Plaintiff failed to state a claim.  You need to find case law that supports that you did whatever properly...\n\nYou really should seek counsel in Dade County~they will eat you alive.
77723
A person qualifies for a motion to reopen on two main points-\n1. He/She did not receive proper notice of the hearing.\n2. There is new evidence that would make the order of deportation null and void.  i.e. someone who is being deported based upon a criminal conviction and that conviction was overturned.