Wednesday, December 2, 2009

JUDGMENT WITHOUT TRIAL - VOLUNTARY DISMISSAL BY THE PLAINTIFF

JUDGMENT WITHOUT TRIAL - There are multiple ways in which cases are adjudged without a trial. In fact, a substantial majority of cases are decided prior to trial. An example of such a way is outlined below.

1. Voluntary Dismissal by the Plaintiff

A plaintiff in Nevada may dismiss his/her complaint without prejudice any time before the defendant serves an answer or moves for summary judgment. Without prejudice means that the plaintiff may bring the suit again at a later date. However, only the first dismissal is granted without prejudice. Furthermore, if the defendant has filed an answer or made a motion for summary judgment the plaintiff may no longer automatically make a voluntary dismissal. At this point, the plaintiff is required to obtain leave from the court for dismissal.


Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

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