Dismissing is a term used to indicate that a request or proposal has been denied or has not been taken into consideration. Its use is widely extended in the administrative field, and especially in the legal field, where cases, requests or lawsuits are dismissed.
In the field of human relationships, dismissal implies a lack of affection towards another person.
Judicial dismissal
A dismissal is only the file of a case when it is clearly demonstrated that it does not constitute a crime or there is a legal impediment to its proper development.
There is no specific time for dismissal in a judicial process, but rather, it is left to the judge or court, who can make the decision. own motive or upon request of one of the parties.
Among the legal consequences of dismissal is the fact that a dismissed case cannot in any way appear among a person's criminal record. Furthermore, the implications of the dismissal may differ depending on the type of case in question.
Reasons for dismissing a lawsuit
In a civil procedure, the causes of a rejection can have different origins. Among the most common reasons for dismissing a claim are usually the following:
The technical failure
If during the claim process there have been technical errors whose relevance prevents the court from being able to carry out its work in accordance with the law, then the judge can dismiss the claim if it deems it appropriate. An example of this could be that the summons were not served on the defendants within the established deadlines or that the claim was filed in a court that does not have jurisdiction to try such cases.
The plaintiff himself asks to dismiss the case
This is usually the most common reason for most dismissals. There may be multiple reasons for the plaintiff to take this action, but it is generally related to the adoption of some kind of settlement out of court or because the plaintiff needed to present the case before certain deadlines were met and thus manages to stretch them in the weather.
The dismissal as punishment of the judge towards the plaintiff
It is not exactly common, but it may be the case that due to the inappropriate behavior of the plaintiff during the trial, the court chooses to dismiss the claim as a form of sanction.
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