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Encyclopedia > Involuntary dismissal
Civil Procedure
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Involuntary dismissal is the termination of a court case despite the plaintiff's objection. Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules govern how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings or... The Federal Rules of Civil Procedure (FRCP) govern civil procedure in the United States district courts, or more simply, court procedures for civil suits. ... The Civil Procedure Rules 1998 came into force in England & Wales on 26 April 1999, largely replacing and significantly overhauling the previous Rules of the Supreme Court (applicable to the High Court of Justice) and the County Court Rules. ... In the law, a pleading is one of the papers filed with a court in a civil action, such as a complaint, a demurrer, or an answer. ... Service of process is the term given to legal notice of a court or administrative bodys exercise of its jurisdiction over individuals who are the subject of proceedings or actions brought before such court, body or other tribunal. ... In general use, a complaint is an expression of displeasure, such as poor service at a store, or from a local government, for example. ... In the law, a cause of action is a recognized kind of legal claim that a plaintiff pleads or alleges in a complaint to start a lawsuit. ... In common law civil procedure, a demurrer is a pleading by the defendant that contests the legal sufficiency of the complaint. ... In the common law, an answer is the first pleading by a defendant, usually filed and served upon the plaintiff within a certain strict time limit after a civil complaint or criminal information or indictment has been served upon the defendant. ... An affirmative defense is a defense used in litigation between private parties in common law jurisdictions. ... The reply is a response by plaintiff to defedants answer. ... In law, discovery is the pre-trial phase in a lawsuit in which each party through the law of civil procedure can request documents and other evidence from other parties or can compel the production of evidence by using a subpoena or through other discovery devices, such as requests for... In law, interrogatories are a formal set of written questions propounded by one litigant and required to be answered by an adversary, in order to clarify matters of evidence and help to determine in advance what facts will be presented at any trial in the case. ... Default judgment is a binding judgment in favor of the plaintiff when the defendant has not responded to a summons or has failed to appear before a court. ... Summary judgment in U.S. legal practice is a judgment awarded by the court prior to trial, based upon the courts finding that: (1) there are no issues of material fact requiring a trial for their resolution, and (2) in applying the law to the undisputed facts, one party... Voluntary dismissal is when a law suit is terminated by request of the plaintiff (the party originally bringing the suit to court). ... A reference to colonization, or the resulting communities. ... A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard. ... A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. ... A defendant is any party who is required to answer the complaint of a plaintiff in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... A plaintiff, also known as a claimant, or a complainant is the party who initiates a lawsuit (also known as an action) before a court. ... In the common law, burden of proof is the obligation to prove allegations which are presented in a legal action. ... A judgment or judgement, in a legal context, is synonymous with the formal decision made by a court following legal proceedings. ... Judgment as a matter of law(JMOL) is a motion made by a party, during trial, claiming the opposing party has insufficient evidence to reasonably support its case. ... Renewed judgment as a matter of law (JMOL) is the partner of judgment as a matter of law in American Federal courts. ... Judgment notwithstanding the verdict, or J.N.O.V. for short (English Judgment + Latin Non Obstante Veredicto) is the practice in American courts whereby the presiding judge in a civil case may overrule the decision of a jury and reverse or amend their verdict. ... A remedy is the solution or amelioration of a problem or difficulty. ... An appeal is the act or fact of challenging a judicially cognizable and binding judgment to a higher judicial authority. ... A plaintiff, also known as a claimant, or a complainant is the party who initiates a lawsuit (also known as an action) before a court. ...


In United States Federal courts, involuntary dismissal is governed by Federal Rules of Civil Procedure (FRCP) Rule 41(b). The term federal court, when used by itself, can refer to: Any court of the national government in another country that has a federal system such as that of the United States (United States federal courts) or Mexico In some countries, a particular court, for example, the Federal Court of... The Federal Rules of Civil Procedure (FRCP) govern civil procedure in the United States district courts, or more simply, court procedures for civil suits. ...


Involuntary dimissal is made by a defendant through a motion for dimissal, 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. A defendant is any party who is required to answer the complaint of a plaintiff in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... In physics, motion means a change in the position of a body with respect to time, as measured by a particular observer in a particular frame of reference. ... A plaintiff, also known as a claimant, or a complainant is the party who initiates a lawsuit (also known as an action) before a court. ...


Involuntary Dimissal 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. A party is a social gathering intended primarily for celebration and recreation. ... The United States Code (U.S.C.) is a compilation and codification of the general and permanent federal Law of the United States. ...


Involuntary Dimissal 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 Rule 41(b):


(b) Involuntary Dimissal: 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 Voluntary dismissal is when a law suit is terminated by request of the plaintiff (the party originally bringing the suit to court). ...


--Mendelson 05:45, 27 November 2005 (UTC)


 
 

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