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

United States federal courts The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primar ...

, involuntary dismissal is governed by Federal Rules of Civil Procedure (FRCP) Rule 41(b). Involuntary dismissal is made by a

defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jur ...

through a

motion In physics, motion is the phenomenon in which an object changes its position with respect to time. Motion is mathematically described in terms of displacement, distance, velocity, acceleration, speed and frame of reference to an observer and ...

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 A party is a gathering of people who have been invited by a host for the purposes of socializing, conversation, recreation, or as part of a festival or other commemoration or celebration of a special occasion. A party will often feature ...

to a case is not acting properly. Other punishments are found in FRCP Rule 11,

Federal Rules of Appellate Procedure The Federal Rules of Appellate Procedure (officially abbreviated Fed. R. App. P.; colloquially FRAP) are a set of rules, promulgated by the Supreme Court of the United States on recommendation of an advisory committee, to govern procedures in cases ...

Rule 38, sections 1927 and 1912 of Title 28

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, 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 from the Federal rules and vary from state to state. Full Text of FRCP 41(b): :(b) Involuntary Dismissal: Effect Thereof. For failure of the plaintiff 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 dismissal for lack of jurisdiction, for improper venue, or for failure to join a party under Rule 19, operates as an adjudication on the merits.

References

Civil procedure {{law-stub

See also

References