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

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What does it mean when a case is vacated in a jury trial?? And a new date is set for the next day?

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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: replied 1 year 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.

Customer: replied 1 year 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

Customer: replied 1 year 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: replied 1 year 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 and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Okay thank you