Dismissal - Civil Proceedings, Criminal Prosecutions

legal cooperative action rochester

A discharge of an individual or corporation from employment. The disposition of a civil or criminal proceeding or a claim or charge made therein by a court order without a trial or prior to its completion which, in effect, is a denial of the relief sought by the commencement of the action.

The legal effect of a dismissal varies depending upon its type. A dismissal, granted by a court that has exercised its discretion in evaluating the particular case before it, operates similarly in civil and criminal actions.

CROSS-REFERENCES

Civil Action; Criminal Procedure; Discovery; Double Jeopardy.

Additional Topics

Dismissal - Civil Proceedings

The possibility of such a dismissal acts as a deterrent to the use of dilatory tactics by a plaintiff who wants to prejudice a defendant's case by unreasonably hindering the disposition of the action from the time of the filing of the action to the actual trial of the issues. It is also designed to minimize, if not eliminate, the congestion of court calendars caused by unnecessary delays in…

Dismissal - Criminal Prosecutions

The legal effect of a dismissal in a criminal prosecution is dependent upon the type that is granted by the court. Sua Sponte Power of Court A court with jurisdiction to decide criminal matters can sua sponte dismiss a criminal prosecution with prejudice if the facts of the case clearly established that an accused has been deprived of his or her constitutional right to a speedy trial. Dismissal wi…

Citing this material

Please include a link to this page if you have found this material useful for research or writing a related article. Content on this website is from high-quality, licensed material originally published in print form. You can always be sure you're reading unbiased, factual, and accurate information.

Highlight the text below, right-click, and select “copy”. Paste the link into your website, email, or any other HTML document.

User Comments

3 months ago

baju bayi murah toko online murah

Very informative and also easy to understand. We are need other people in our life.