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.
There'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.
Judicial 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.
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