Dismissal

Definition

Dismissal refers to the act of dropping a lawsuit.

Purpose

The purpose of dismissal is to formally terminate a legal action. Dismissals can be voluntary, initiated by the party who filed the lawsuit, or involuntary, ordered by the court. This process ends the litigation without a trial or final judgment.

Examples of Use

1. Voluntary Dismissal: A plaintiff decides to drop the case due to a settlement or realization that the case lacks merit.
2. Involuntary Dismissal: A court dismisses a case because of procedural issues, such as failure to prosecute or lack of jurisdiction.
3. Dismissal with Prejudice: A case is dismissed permanently, and the plaintiff is barred from bringing another lawsuit on the same claim.

Related Terms

• Settlement: An agreement between parties to resolve a dispute without continuing the lawsuit.
• Summary Judgment: A court decision made without a full trial, based on the facts that are not in dispute.
• Nolle Prosequi: A formal notice of abandonment by a plaintiff or prosecutor of all or part of a lawsuit or action.

Notes

• A dismissal without prejudice allows the plaintiff to refile the case in the future.
• Dismissals can save court resources and reduce legal costs for both parties.
• The reasons for dismissal must be clearly documented in court records.