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De minimis non curat lex - [The law does not concern itself with trifles]. If a continuance is imposed by the court, the court shall notify counsel for the petitioner and instruct counsel to submit an amended notice of hearing, with the new hearing date. Subject to the provisions of Rule 23(e), of Rule 66, and of any statute, an action may be dismissed by the plaintiff upon repayment of defendants� filing fees, without order of court (i) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs, or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action.
Pages: 528
Publisher: Blackstone Press; Revised edition (October 12, 2006)
ISBN: 019928962X
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