without prejudice - the case can be reopened … Neither party can reopen the case at a later date, and the matter is considered permanently resolved. Therefore, when you have been injured in a personal injury accident, it is important that your case is thoroughly researched and investigated before proceeding to trial. A case can be dismissed at any phase up until there is a verdict or a sentence on a plea has been given.Note: there are two types of dismissals.1. He graduated from the University of Georgia School of Law, and has been practicing law for 12 years. Get 15 Minutes of Expert Legal Advice on Phone right now

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In January 2011, the DA has enough evidence and the case can be re-filed. 0.5429 Because you have not received a … However, any person who believes his conviction to have been both unjust and invalid can always file a motion for a Despite the apparent benefits of a new trial over an appeal, however, many convicted defendants never attempt to secure one.

Overwhelmingly, cases discussing the ability of a court to permit a party to reopen its case deal with criminal prosecutions. ? But sometimes, people want to reopen their own closed case to correct something or even to amend the judgment to reflect something different. If they re-file after January 1, 2012, you’re likely in the clear. Because of any reason.

See Castle v. B. H. Yates Co., Inc., 18 N.C.App.
Are there any circumstances under which a judge might agree to reopen your case? Under the so-called ‘double jeopardy rule’, an individual cannot be tried for the same crime twice – unless new and compelling evidence is produced in relation to very serious offences (Part 10 of the Criminal Justice Act 2003). It would most likely have to be proved that the new evidence could not have been discovered sooner using due diligence. Where a class action plaintiff opts out of the class but class counsel revokes the opt-out without notifying the plaintiff, for example, 60(b)(6) may apply. A judge will only reopen a dismissal with prejudice case under very narrow, specific circumstances. This website may include descriptions and references to legal matters and cases. Discovering New Evidence After the Close of Your Case (Part II)David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC.

You asked a question; can a closed case be reopened. *DISCLAIMER: The information you may obtain at this website does not constitute legal advice.

Ltd. All Rights Reserved. The information provided on LawRato.com is provided AS IS, subject to You can go for an appeal in any higher court against the judgement passed by the lower court and that will reopen the case.

Charges are filed against you on January 5, 2008, but the DA doesn’t have enough evidence so your case is dismissed. We are delighted to have helped over 50,000 clients get a consult with a verified lawyer for their legal issues.Get expert legal advice from multiple lawyers within a few hoursLawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. In a previous post we looked at whether a court couldIn order for the court to entertain a motion by a party for a new trial (i.e., to vacate the existing judgment) on account ofIn most cases, you will not be able to reopen a case and set aside a verdict, even where there is new evidence. Yes. For case specific advice, contact an attorney in your state. Charges are filed against you on January 5, 2008, but the DA doesn’t have enough evidence so your case is dismissed. in case you cant pay it in time confirm which you do ask for an extention in the previous a while is up. The cases listed on this website are illustrative only, and do not constitute all of the cases that this law firm or lawyers have handled. In January 2011, the DA has enough evidence and the case can be re-filed. This closed case cannot be reopened. In a previous post we looked at whether a court could “undo” an erroneous verdict where new evidence was discovered after a verdict was entered. You may need to download version 2.0 now from the The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case. What can you do in a case like this?