What Warrants a Court Dismissal?

Court cases can be dismissed for several different reasons.us supreme court image by jedphoto from Fotolia.com

Court cases involve either criminal or civil matters. In both situations, when a case is filed, a court date is assigned and placed on the court docket to be heard and disposed of; however, there are instances when a court case will be dismissed. Understanding what warrants a court dismissal can help you answer questions about your case or someone else's.

Lack of Evidence

Even after a case is filed, work is performed to continue building a case. In some cases, after careful examination, it is determined that there is not enough evidence available to pursue prosecution and the case will be dismissed at the request of the prosecution.

A case can be dismissed by the judge for many different reasons. Some of the reasons that judges dismiss cases include: not thinking the evidence supports the arrest or claim, and technical issues, which can include illegal searches, failure to read a defendant's Miranda rights and not properly filing a case. This can happen if the prosecution files civil suit against the wrong party.

In the case of one of the parties dying, the case is typically dismissed. This can happen in criminal cases when the defendant dies. It can also happen in civil cases if the defendant or the plaintiff dies.

When an agreement is reached the case can be dismissed. One example of this occurring is in a civil suit. If a landlord files against a tenant for back rent and the tenant suddenly comes up with the money and the court costs, the landlord might ask the court to dismiss the case. Another example can be found in criminal court. The defendant may reach a deal with the district attorney--for instance, the defendant will provide information of crimes being committed by others in return for the district attorney requesting that the court dismiss the defendant's case.

A case can be dismissed if it is discovered that it was filed in the wrong jurisdiction. In civil cases this is sometimes discovered after the suit is filed and it is later discovered the corporation is filed in a different state or country.