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What does it mean when a case is vacated in a jury trial??

And a new date is...
What does it mean when a case is vacated in a jury trial?? And a new date is set for the next day?
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Answered in 2 minutes by:
9/29/2017
legalgems
legalgems, Lawyer
Category: Legal
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Thank you for your question. When a hearing is vacated, it means the hearing that is scheduled on that date will not take place at that date; it often indicates that it is continued to a future date-usually because of a conflict of scheduling.

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Customer reply replied 7 months ago
Okay.... could a court date be vacated because they could not serve someone?

Yes, that is possible; or a party requested a continuance; or the court had a conflict. There are many reasons.

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Customer reply replied 7 months ago
The trial is for a mistaminer violation of a stay away order in possession of a controlled substance and a battery could this be diss missed if the person is not severd to go to court

If a person is not served then the court would not have jurisdiction to hear the case; that would result in the motion being dismissed. In order for the defendant to have his/her day in court they must have notice of the proceedings:

http://www.courts.ca.gov/documents/title_4.pdf

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Customer reply replied 7 months ago
Okay.... but if he is in jail for thoes and is going to trial for his Misdemeanors... but hasn't gone to court for his felones which are violation of probation and gbi could thoes also get dismissed
Customer reply replied 7 months ago
These are his charges bit he goes to 2 diffrent courts

I'm sorry - I can't review personal information as that is beyond the scope of my services as I can only provide legal information.

Any criminal proceeding can be dismissed if the prosecution fails to notify defendant of the proceeding as that would deny the defendant their right to defend themselves in court.

legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,015
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Customer reply replied 7 months ago
Okay thank you
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legalgems
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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