DISMISSAL
dismissal,n.1. Termination of an action or claim without further hearing, esp. before the trial
of the issues involved. [Cases: Federal Civil Procedure 1691–1842; Pretrial Procedure
501–629. C.J.S. Dismissal and Nonsuit §§ 2–47, 49–73.]
dismissal agreed.A court’s dismissal of a lawsuit with the acquiescence of all parties. •
Among other possibilities, the parties may have settled out of court or chosen to have their dispute
arbitrated or mediated. — Also termed agreed dismissal.
dismissal for failure to prosecute.See dismissal for want of prosecution.
dismissal for lack of prosecution.See dismissal for want of prosecution.[Blacks Law 8th]
dismissal for want of equity.A court’s dismissal of a lawsuit on substantive, rather than
procedural, grounds, usu. because the plaintiff’s allegations are found to be untrue or because the
plaintiff’s pleading does not state an adequate claim. [Cases: Pretrial Procedure 552, 622. C.J.S.
Dismissal and Nonsuit § 50.]
dismissal for want of prosecution.A court’s dismissal of a lawsuit because the plaintiff has
failed to pursue the case diligently toward completion. — Abbr. DWOP. — Also termed dismissal
for failure to prosecute; dismissal for lack of prosecution. [Cases: Criminal Law 303.30(1);
Federal Civil Procedure 1758; Pretrial Procedure 581–602. C.J.S. Dismissal and Nonsuit §§ 43,
51, 67–73.]
dismissal without prejudice.A dismissal that does not bar the plaintiff from refiling the
lawsuit within the applicable limitations period. [Cases: Federal Civil Procedure 1713, 1837.1;
Pretrial Procedure 690. C.J.S. Dismissal and Nonsuit § 80.]
dismissal with prejudice.A dismissal, usu. after an adjudication on the merits, barring the
plaintiff from prosecuting any later lawsuit on the same claim. • If, after a dismissal with prejudice,
the plaintiff files a later suit on the same claim, the defendant in the later suit can assert the defense of res judicata (claim preclusion). See RES JUDICATA. [Cases: Federal Civil Procedure
1713, 1837.1; Pretrial Procedure 690. C.J.S. Dismissal and Nonsuit § 80.]
involuntary dismissal.A court’s dismissal of a lawsuit because the plaintiff failed to prosecute
or failed to comply with a procedural rule or court order. Fed. R. Civ. P. 41(b). [Cases: Federal
Civil Procedure 1721–1842; Pretrial Procedure 551–602. C.J.S. Dismissal and Nonsuit §§ 43,
49–73.]
voluntary dismissal.A plaintiff’s dismissal of a lawsuit at the plaintiff’s own request or by
stipulation of all the parties. Fed. R. Civ. P. 41(a). [Cases: Federal Civil Procedure 1691–1715;
Pretrial Procedure 501–520. C.J.S. Dismissal and Nonsuit §§ 2–41, 47.]
2. A release or discharge from employment. See DISCHARGE(7). [Cases: Master and
Servant 31. C.J.S. Employer–Employee Relationship § 52.]
dismissal for cause.A dismissal of a contract employee for a reason that the law or public
policy has recognized as sufficient to warrant the employee’s removal. [Cases: Master and Servant
30(1.5). C.J.S. Employer–Employee Relationship §§ 35, 38–40, 42–43, 56, 60.]
3.Military law. A court-martial punishment for an officer, commissioned warrant officer,
cadet, or midshipman, consisting of separation from the armed services with dishonor. • A
dismissal can be given only by a general court-martial and is considered the equivalent of a
dishonorable discharge. [Cases: Armed Services 48; Military Justice 1322.1. C.J.S. Armed
Services § 181; Military Justice §§ 384, 434.] — dismiss,vb. [Blacks Law 8th]