Q: Is it not true that only a Judge can dismiss a claim on failure to file a claim upon which relief can be granted?
A: Your question straddles a number of categories. I can only speak for the civil part; a criminal defense attorney could address criminal aspects. In my experience, it is the judge who makes decisions on dismissals. Your question includes the word "only." I can only say that I haven't encountered settings outside of a judge doing the dismissal in the civil part (other than the parties themselves withdrawing). Good luck
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