Dismiss in the United States

Discharge of a case without further consideration. A dismissal is an order that cancels a lawsuit. It can be granted at any point in the process. A case is dismissed by a court in response to a motion requesting such action. A case may be dismissed for a variety of reasons, but typically dismissal stems from some kind of legal deficiency. A court can grant a motion to dismiss in civil or criminal cases. Granting a motion to dismiss in a criminal case terminates the charges. In some criminal cases, the motion to dismiss charges is requested by the prosecutor as part of a plea agreement.

See Also

Direct Verdict (Civil Process) Summary Judgment (Civil Process).

Analysis and Relevance

In most cases, dismissal occurs without consideration of the merits of an action. As a result, the dismissal does not prohibit the action from being reinitiated. This is called dismissal without prejudice. Dismissal with prejudice, on the other hand, is a judgment by a court on the merits of the case, and it is final. In other words, dismissal with prejudice bars bringing a subsequent action on the same matter.

Notes and References

1. Definition of Dismiss from the American Law Dictionary, 1991, California

Dismiss Definition

To remove; to send out of court. Formerly used in chancery of the removal of a cause out of court without any further hearing. The term is now used in courts of law also.

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Legal Issue for Attorneys

To remove; to send out of court. Formerly used in chancery of the removal of a cause out of court without any further hearing. The term is now used in courts of law also.

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This definition of Dismiss Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..