Involuntary dismissal
Encyclopedia
Involuntary dismissal is the termination of a court case despite the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...

's objection.

In United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 Federal courts
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...

, involuntary dismissal is governed by Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...

 (FRCP) Rule 41(b).

Involuntary dismissal is made by a defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...

 through a motion
Motion (legal)
In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is...

 for dismissal, on grounds that plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...

 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
Party
A party is a gathering of people who have been invited by a host for the purposes of socializing, conversation, or recreation. A party will typically feature food and beverages, and often music and dancing as well....

 to a case is not acting properly. Other punishments are found in FRCP Rule 11, Federal Rules of Appellate Procedure
Federal Rules of Appellate Procedure
The Federal Rules of Appellate Procedure 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 in the United States Courts of Appeals....

 Rule 38, sections 1927 and 1912 of Title 28 United States Code
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...

, 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 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 dimissal for lack of jurisidiction, for improper venue, or for failure to join a party under Rule 19, operates as an adjudication on the merits.
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