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Involuntary Dismissal Law & Legal Definition

Involuntary Dismissal occurs when a case is terminated despite the plaintiff's objection. In Federal Courts, involuntary dismissal is governed by Federal Rule of Civil Procedure (FRCP) Rule 41(b). A request for involuntary dismissal can be made by a defendant through a motion for dismissal, on grounds that the other party 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 to a case is not acting properly.





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