Define: Dismissal

Dismissal
Dismissal
Quick Summary of Dismissal

Dismissal, in a legal context, refers to the termination or cessation of a legal action, case, or claim by a court or other adjudicative body. This termination can occur for various reasons, including procedural defects, lack of jurisdiction, failure to prosecute, settlement between the parties, or resolution of the matter on its merits.

In civil cases, dismissal may occur at different stages of the litigation process, such as before trial (pretrial dismissal) or during trial (mid-trial dismissal). In criminal cases, dismissal typically occurs when charges are dropped by the prosecution, or when a judge rules that the evidence presented is insufficient to support a conviction.

Dismissal may be with or without prejudice. A dismissal with prejudice means that the case cannot be refiled or pursued further, whereas a dismissal without prejudice allows the plaintiff or prosecutor to refile the case at a later time, provided that the statute of limitations has not expired.

Dismissal serves as a mechanism for resolving legal disputes efficiently, ensuring that cases proceed only when there is a legitimate basis for doing so, and promoting fairness and justice in the legal system.

What is the dictionary definition of Dismissal?
Dictionary Definition of Dismissal
n.
  1. the act of voluntarily terminating a criminal prosecution or a lawsuit or one of its causes of action by one of the parties.
  2. a judge's ruling that a lawsuit or criminal charge is terminated.
  3. an appeals court's act of dismissing an appeal, letting the lower court decision stand.
  4. the act of a plaintiff dismissing a lawsuit upon settling the case. Such a dismissal may be dismissal with prejudice, meaning it can never be filed again, or dismissal without prejudice, leaving open the possibility of bringing the suit again if the defendant does not follow through on the terms of the settlement.
Full Definition Of Dismissal

Dismissal is the termination of a lawsuit which can be done with prejudice, which does not allow the case to be brought to the court a second time, or without prejudice, which does allow the case to be brought to court again in the future.

In a civil case, it is easier for a plaintiff to request a dismissal than a defendant. For instance, if the defendant has not filed an answer or a motion for summary judgment the plaintiff can voluntarily dismiss the case without a court order by filing a Notice of Dismissal. However, if the defendant has filed an answer or motion for summary judgment, voluntary dismissal can be made without a court order if all parties agree to sign a joint stipulation of dismissal.

Defendants may also have a complaint dismissed if they can prove the plaintiff failed to state a claim. Under this motion, the defendant is arguing the plaintiff lacked enough evidence about the facts of the case to file a case against them. The plaintiff, however, will have a chance to amend the complaint if needed before the court dismisses it per the defendant’s request.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 28th March, 2024.

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