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Case struck out/dismissed

  • 08-02-2017 10:56am
    #1
    Registered Users, Registered Users 2 Posts: 29


    Hi all what's the difference between a case struck out in district court and dismissed ?


Comments

  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Littlecar wrote: »
    Hi all what's the difference between a case struck out in district court and dismissed ?


    Basically a dismissal is final and the case can't be revisited in the future (with some exceptions such as new evidence). When struck out a case can be revisited and proceeded with in the future.


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    A strike out allows the prosecution to bring a new summons provided the statute of limitations allows for it.

    A dismissed case cannot be brought again as it is deemed res judicata.


  • Registered Users, Registered Users 2 Posts: 29 Littlecar


    Thanks to you both! Is there a timeframe when a struck out case can proceed again and what is the procedure in doing so ?


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    It depends on the kind of proceedings in question. Different cases have different time limits depending on what they are about.


  • Registered Users, Registered Users 2 Posts: 29 Littlecar


    It depends on the kind of proceedings in question. Different cases have different time limits depending on what they are about.

    This is a drink driving case ... first time.. Was struck out ... now looking to re enter


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