Family Law Case Dismissal

Summary

A plaintiff in South Carolina can file for dismissal without prejudice even if representing themselves. If the case is inactive for over 365 days, the judge may dismiss it with prejudice, preventing it from being refiled. A continuance can be requested to obtain new counsel. A final order is needed for dismissal. Consult a legal professional for specific advice.

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I have a question about a family law proceeding and basis for dismissal without prejudice
Hello ****, in South Carolina, a case may be dismissed without prejudice for several reasons including:
- Lack of jurisdiction
- Improper venue
- Failure to state a claim
Could you please provide more details about your specific situation?
motion for 365 day rule was extended for 90 days from aug * - and that 365 day mark has exceeded but there is an active rtsc for defendant to answer and plaintiff wishes to dismiss case without prejudice
In South Carolina, the plaintiff can generally dismiss a case without prejudice before the defendant has made a significant action in the case. Here are some points to consider:
- A motion to dismiss without prejudice should be filed with the court.
- The court usually grants the motion unless the defendant has already put significant effort into the case.
- The court generally grants extensions if there are valid reasons.
Please consult with a legal professional to help you better understand your situation.
also the plaintiff is now pro se'
As a pro se plaintiff in South Carolina, you have the right to represent yourself. Here are some things to consider:
- You can file a motion to dismiss without prejudice.
- Ensure to follow court rules and procedures.
- It's beneficial to seek legal advice even if representing yourself.
Please consult with a legal professional for more guidance.
previous attorney filed motion to be relieved as counsel - whereas plantiff is not pro se; - can action for dismissal be done without prejudice or shall a continuance be requested to obtain new counsel?
In South Carolina, a plaintiff can file for dismissal without prejudice regardless of their representation status. Here are some key points:
- You can file a motion for dismissal without prejudice even if you're pro se.
- If you feel unprepared, you may request a continuance to secure new counsel.
- Legal advice is beneficial in this situation, especially if self-representing.
considering case is beyond 365 days at this point could judge dismiss case with prejudice or deny plaintiff's request for continuance to obtain new counsel?
In South Carolina, the judge may indeed dismiss a case with prejudice if it's inactive for over 365 days. However, a request for continuance can be granted based on:
- The reason for delay
- Plaintiff's efforts to obtain counsel
- Impact on the defendant
Legal advice is recommended in this situation.
and... if the case is dismissed, it can never be brought up again for same circumstances?
In South Carolina, if a case is dismissed "with prejudice", it generally means it cannot be brought up again for the same circumstances. However, a case dismissed "without prejudice" allows the plaintiff to refile the case. Consult with a legal professional for more specific advice.
ok. thanks - would a final order be needed for dismissal?
In South Carolina, a dismissal order is typically issued by the court to formally end the litigation. This is considered the "final order" in the case. It's advisable to consult with a legal professional for specific guidance on your case.
do lawyers offer free consultations for family court matters?
Many lawyers do offer free initial consultations for family court matters as a way to understand your situation better and potentially secure your business. However, this may vary from lawyer to lawyer, so it's advisable to check with individual law firms or lawyers in South Carolina to confirm their policies.
do you have any recommendations for attorneys in south carolina who offer free consultations?
I'm sorry, but as a free legal information service, I can't provide recommendations for specific attorneys. I suggest contacting the South Carolina Bar Association's Lawyer Referral Service. They can help you find attorneys in your area who offer free consultations.
ok. thank you for your help
You're welcome, ****! If you have any more questions in the future, don't hesitate to ask. Best of luck with your legal matters.