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Politics : Sharks in the Septic Tank
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To: Lazarus_Long who wrote (73930)9/4/2003 10:43:14 PM
From: Ilaine  Read Replies (2) of 82486
 
Double jeopardy won't apply because there hasn't been a trial. Dismissing a case and bringing it again in another venue or jurisdiction is nothing worse than forum shopping, at worst.

As for the failure to comply with the trial judge's rulings about discovery, that's what happens when a case is dismissed, all the orders regarding discovery go away.

I do stuff like that all the time with civil cases, because Virginia allows something called "nonsuit." Well, not "all the time" but enough that I feel comfortable with the law of nonsuit and other discontinuances.

I have to admit that I am not really impressed with the delay by the administration in seeking this procedural advantage, but if they have an absolute right to it (and I think they do) then one can't fault them for taking every procedural advantage they have available to them. Indeed, one would have to fault them for failure to take advantage of available favorable procedures.
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