How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 15760
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Legal Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

If a case has been DISMISSED BECAUSE THE STATUTE OF LIMITATIONS

This answer was rated:

If a case has been DISMISSED BECAUSE THE STATUTE OF LIMITATIONS HAS RUN,
CAN I STILL OBTAIN A "MISTRIAL" WHEN THE COURT HID THE FACT THAT CHARGES
WERE BROUGHT UNDER ANOTHER CASE WHERE THAT CASE WAS "UNDER SEAL"?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Assuming that the summary judgment / dismissal order has already been entered, it would be too late for a mistrial. A mistrial can be entered at any point prior to a judgment being entered by the judge that completes the case. But if the judge signs off on a final judgment (either on the merits, or as part of a dismissal or summary judgment) that closes the case, and would mean that a mistrial would be too late.

ScottyMacEsq :

A mistrial is a courtroom trial that has been terminated prior to its normal conclusion. A mistrial has no legal effect and is considered an invalid or nugatory trial.

ScottyMacEsq :

Furthermore, if the statute of limitations has run, that would be jurisdictional. There might be a question as to whether the statute of limitations has actually run, but if it has, the court can't consider anything else (even a mistrial motion).

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate this answer either a 3, 4, or 5 (good or better). Please note that I do not get any credit for this answer unless and until you rate it that way. Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq and 2 other Legal Specialists are ready to help you

Related Legal Questions