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chriswalter

Junior Member
Defendant VS. State - 2 ND degree assault case class C felony dismissed without prejudice in Missouri.. My question can the plaintiff refile within a certain period of time?

Also does the ability to refile apply for dismissed with Nolle- pros for a similar case as above?

Plaintiff never showed up to either case it was me VS state first case dismissed may 2007 second case dismissed January 2008.

Thanks
 


Mass_Shyster

Senior Member
You've got some confusing terms.

Defendant vs State - This indicates the defendant is suing the state. In a criminal matter, the case is generally titled State v Defendant. If the defendant is appealing, in some states the caption would be Defendant v State. Also, if the Defendant is suing the state (in a civil suit) the caption could be Defendant v State.

Normally, there is no "Plaintiff" in a criminal case. The Plaintiff is the person suing you. In a criminal case, there is a prosecutor. If you mean the person you allegedly assaulted, that person is a witness in a criminal case, or the plaintiff in a civil case. If it was a civil case, the caption would be Victim v Defendant, not State v Defendant.

If, as I'm guessing, the case was State v. Defendant, and the alleged victim didn't show up, the case would be dismissed and refiled any later time within the statute of limitations.
 

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