dismissal

A dismissal refers to the court’s decision to terminate a court case without imposing liability on the defendant . The court may dismiss a case in response to a defendant’s motion to dismiss or do so sua sponte . According to Federal Rules of Civil Procedure (FRCP) 41(a) , a plaintiff may also voluntarily dismiss an action by choosing to drop the case or by reaching an out of court settlement with the defendant.

There are many reasons for a court to dismiss a case, both procedural and substantive . FRCP Rule 12 provides the list of grounds for dismissal in federal court , which includes a lack of jurisdiction , improper service of process , failure to join a party , and a plaintiff’s failure to state a claim for relief . Additionally, under FRCP Rule 41(b) a defendant can move to dismiss if a plaintiff fails to prosecute, comply with court rules, or court order .

State procedural rules often have similar provisions to FRCP. A court can choose to dismiss a case with prejudice or without prejudice .

• A case dismissed with prejudice is considered a final ruling on the merits of that case.
• A case dismissed without prejudice is not considered a ruling on the merits and the plaintiff is free to file a new lawsuit on the same grounds if they wish to do so.

[Last reviewed in September of 2022 by the Wex Definitions Team ]

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