February 13, 2017, 17:33
Matthew MillsJP's refusal to sign dismissal
Has anyone dealt with JPs who refuse to sign a motion to dismiss a case? I'm currently being told our office WILL go to a jury trial next week, even though we sent over a motion to dismiss.
February 13, 2017, 17:46
Jon EnglishThere's a thread someplace on here that deals with the issue, but I think IIRC the consensus is if the court doesn't want to sign a dismissal then you present no evidence at trial and just rest. Heck, it's an even better deal for the defendant that way I suppose.
February 14, 2017, 09:48
Andrea WJudicial approval is required for a motion to dismiss, so if the judge refuses to dismiss, then you're stuck. As Jon said, you can stand and rest, or you can go ahead and present whatever case you have.