Calendar call is an important event in a court case where the parties involved appear before a judge to discuss the status of the case. It is a crucial moment where the judge determines whether the case is ready for trial or not. At this point, the question that most defendants ask is whether their case can be dismissed at calendar call. In this article, we will explore this question in detail.
Table of Contents
Table of Contents
Introduction
Calendar call is an important event in a court case where the parties involved appear before a judge to discuss the status of the case. It is a crucial moment where the judge determines whether the case is ready for trial or not. At this point, the question that most defendants ask is whether their case can be dismissed at calendar call. In this article, we will explore this question in detail.
What is Calendar Call?
Calendar call is a court proceeding where all parties involved in a case appear before a judge to discuss the status of the case. It is usually held a few weeks or months before the trial. The purpose of calendar call is to ensure that the case is ready for trial and to set a trial date.
Question: Can a case be dismissed at calendar call?
Answer: Yes, a case can be dismissed at calendar call, but it depends on the circumstances of the case.
Grounds for Dismissal
There are several grounds for dismissal that can be raised at calendar call. These include:
1. Lack of Jurisdiction
If the court does not have jurisdiction over the case, it can be dismissed at any time, including at calendar call.
2. Failure to Prosecute
If the plaintiff fails to prosecute the case, the defendant can file a motion to dismiss at calendar call. Failure to prosecute can include failure to appear at hearings or failure to comply with court orders.
3. Settlement
If the parties reach a settlement agreement before the trial, the case can be dismissed at calendar call.
When Can a Case Not Be Dismissed at Calendar Call?
There are also circumstances where a case cannot be dismissed at calendar call. These include:
1. Dismissal Without Prejudice
If a case is dismissed without prejudice, it means that the plaintiff can refile the case at a later time. This type of dismissal cannot be granted at calendar call.
2. Dismissal with Prejudice
If a case is dismissed with prejudice, it means that the plaintiff cannot refile the case. This type of dismissal cannot be granted at calendar call.
Conclusion
In conclusion, a case can be dismissed at calendar call, but it depends on the circumstances of the case. Grounds for dismissal include lack of jurisdiction, failure to prosecute, and settlement. However, dismissal without prejudice or with prejudice cannot be granted at calendar call. It is important to consult with an experienced attorney to determine the best course of action for your case.
