Refiling Dismissed Detinue Case

Summary

If your detinue case in Tennessee was dismissed, you may have options such as appealing the dismissal, requesting reconsideration, or refiling the case if it was dismissed without prejudice. The term de novo refers to a new trial or a fresh review by a higher court. If the dismissal did not specify with prejudice or without prejudice, it is typically considered dismissed without prejudice. However, laws can vary, so its crucial to consult with a local attorney to understand your specific situation and any potential limitations or requirements.

Full Conversation

It involved dead mans statute, but i had witnesses and never got to enter any evidence. It was dismissed after the motions
I understand your frustration. In Tennessee, if you believe the court made an error, you may:
- Appeal the dismissal to a higher court.
- File a motion to reconsider, if new evidence is available.
Remember, it's crucial to consult with a local attorney.
Can i refile a new case
In Tennessee, you can generally refile a case if it was dismissed without prejudice. However, it's important to consult with a local attorney to understand any potential limitations or requirements.
How do i know if it was without prejudice if or doesn't say
If your case dismissal did not specify "with prejudice" or "without prejudice", it's typically considered as dismissed without prejudice in many jurisdictions. However, laws vary, so it's best to consult a local attorney in Tennessee to confirm.
Hw mentioned de novo
"De novo" refers to a new trial or reconsideration of the case. Did the judge mention "de novo" in relation to an appeal or a new trial? This will help me provide a more accurate response.
Ann appeal i think
Answer: If the judge mentioned "de novo" in relation to an appeal, it means your case may be reviewed afresh by a higher court. Consult with a local attorney for the next steps.
Can i refile a new case
In Tennessee, you can generally refile a case if it was dismissed without prejudice. However, it's important to consult with a local attorney to understand any potential limitations or requirements.
What does de novo mean in relation to an appeal
"De novo" review in the context of an appeal means that the appellate court will review the matter anew, as if the original trial never happened. They don't defer to the lower court's findings.
What does de novo mean in the context of a new trial
"De novo" in the context of a new trial means that the court starts afresh, considering the evidence and arguments as if they have never been heard before. Essentially, a new trial occurs as if the original trial never happened.