How long can a case be held after the district attorney drops the charges?
Full Question:
How long can a case be held open after the District Attorney has dropped court proceedings against a person? ( part 2 ) Can they still keep the case pending and re-open?
05/05/2007 |
Category: Courts ยป Dismissal |
State: Oregon |
#3816
Answer:
The filing of a suit stops the running of the statute of limitations, though only contingently. It is true that if the suit is later dismissed with prejudice, any issue concerning the bar of the statute of limitations to the refiling of the suit will be moot because a suit that has been dismissed with prejudice cannot be refiled; the refiling is blocked by the doctrine of res judicata. But if the suit is dismissed without prejudice, meaning that it can be refiled, then the tolling effect of the filing of the suit is wiped out and the statute of limitations is deemed to have continued running from whenever the cause of action accrued, without interruption by that filing.
