Involuntary dismissal

Involuntary dismissal

Involuntary dismissal is the termination of a court case despite the plaintiff's objection.

In United States Federal courts, involuntary dismissal is governed by Federal Rules of Civil Procedure (FRCP) Rule 41(b).

Involuntary dismissal is made by a defendant through a motion for dismissal, on grounds that plaintiff is not prosecuting the case, is not complying with a court order, or to comply with the Federal Rules of Civil Procedure.

Involuntary dismissal can also be made by order of the judge when no defendant has made a motion to dismiss. Involuntary dismissal is a punishment that courts may use when a party to a case is not acting properly. Other punishments are found in FRCP Rule 11, Federal Rules of Appellate Procedure Rule 38, sections 1927 and 1912 of Title 28 United States Code, and inherent powers of the court.

Involuntary dismissal bars the case from being brought to court again, unless the judge says otherwise.

State court rules may be different than the Federal rules and vary from state to state.

Full Text of FRCP 41(b):

:(b) Involuntary Dismissal: Effect Thereof. For failure of the plaintfff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim against the defendant. Unless the court in its order for dismissal otherwise specifies, a dismissal under this subdivision and any dismissal not provided for in the rules, other than a dimissal for lack of jurisidicition, for improper venue, or for failure to join a party under Rule 19, operates as an adjudication on the merits.

See also

* Voluntary dismissal

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Look at other dictionaries:

  • involuntary dismissal — see dismissal Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • involuntary dismissal — The dismissal of an action on motion by the defendant. 24 Am J2d Dism § 53. The ultimate dismissal by a judgment against the plaintiff upon the verdict of the jury or the decision of the court in a case tried to the court …   Ballentine's law dictionary

  • dismissal — dis·mis·sal n 1: removal from a position or service 2 a: the termination of an action or claim usu. before the presentation of evidence by the defendant in·vol·un·tary dismissal 1: the dismissal of an action by the court because of the plaintiff… …   Law dictionary

  • involuntary — in·vol·un·tary /in vä lən ˌter ē/ adj: done, made, or initiated contrary to or without one s choice an involuntary confession an involuntary lien an involuntary plaintiff joined in the action in·vol·un·tar·i·ly adv Merriam Webster’s Dictionary of …   Law dictionary

  • dismissal — An order or judgment finally disposing of an action, suit, motion, etc., without trial of the issues involved. Such may be either voluntary or involuntary. Fed.R. Civil P. 41. A release or discharge from employment. @ involuntary dismissal Under… …   Black's law dictionary

  • involuntary — Without will or power of choice; opposed to volition or desire. An involuntary act is that which is performed with constraint (q.v.) or with repugnance, or without the will to do it. An action is involuntary, then, which is performed under duress …   Black's law dictionary

  • involuntary discontinuance — The forcing of a case out of court for some error in pleading, technical omission, etc., better called an involuntary dismissal. Hunt v Griffin, 49 Miss 742 …   Ballentine's law dictionary

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  • Voluntary dismissal — is when a law suit is terminated by request of the plaintiff (the party originally bringing the suit to court). In the United States, voluntary dismissal in Federal court is subject to Rule 41(a) of the Federal Rules of Civil Procedure. Rule… …   Wikipedia

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