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What is an order for dismissal there are a number of documents commonly filed in both civil and criminal cases among the documents frequently filed on repetitions complaints motions and orders the parties to a legal case may file petitions complaints and motions however only a judge may officially sign and inter an order for dismissal is a final order filed in either a civil or criminal legal case that effectively terminates the legal proceedings in a civil lawsuit a motion to dismiss may be filed by the defendant for a number of legal reasons within the United States a civil complaint begins when the plaintiff files a petition or complaint with the appropriate court the defendant may immediately file a motion to dismiss based on one of several legal reasons including lack of jurisdiction and failure to state a claim upon which relief can be granted if the judge agrees with the defendants motion then an order for dismissal will be granted and entered a motion to dismiss may also be filed later on in civil proceedings once a civil lawsuit has been filed a process known as discovery takes place where each side is allowed to get an idea what the other sides evidence will be at trial if after discovery is complete the defendant believes that the plaintiff cannot prove his or her case he or she may ask the judge for an order for dismissal again if the judge is convinced that the defendant is right then in order to dismiss will be entered in the case is terminated in a civil lawsuit a dismissal order may be either with prejudice or without prejudice an order for dismissal entered with prejudice effectively tells the plaintiff that he or she may not refit a lawsuit when the order is entered without prejudice the plaintiff has the option to REA file the lawsuit at a later time an order for dismissal may also be filed in a criminal case in this case all are some charges against the defendant will be dismissed if the defendant has accepted a guilty plea the terms of the plea agreement may call for some charges to be dismissed which requires a formal entry by the judge in situations where the prosecution determines that it no longer wishes to pursue the charges or lacks if evidence to convict the defendant of all the charges then an order for dismissal of all charges will be entered by the judge
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