Legal Question in Criminal Law in Michigan
If you are involved in legal action and the plaintiff does not show up for the hearing on time and the case is dismissed can papers just be filed to reopen the case without new evidence.
Asked on 1/24/15, 6:24 am
2 Answers from Attorneys
John Melton
Melton law Firm
Yes. Actually, the judge is not supposed to dismiss a case just because the other party is late. The case will likely be reinstated or re-filed. The dismissal should have been "without prejudice" meaning it can be re-filed. If the judge dismissss "with prejudice"-meaning it can't ne re-filed, then the judge violated the court rules and case law.
Answered on 1/24/15, 6:36 am
it will depend on whether the judge dismisses the case with or without prejudice.
Answered on 1/24/15, 7:09 am
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