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The motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.
If a plaintiff whose action has once been dismissed in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the ...
REQUEST FOR DISMISSAL Definition & Legal Meaning a term for asking the court to terminate or dismiss a case. usually asked for by the attorney for the defendant.
This is called a ?consent dismissal order?. In this order, the participants agree: To dismiss the claims, without disclosing any settlement terms. That no further action can be taken on the claim and it will be closed.
It is a pretrial motion, heard by a judge. There is no jury involved. When a defendant files a Motion to Dismiss, they argue there is a problem with the legal basis of the charge and it should not proceed to trial. When a judge decides a Motion to Dismiss, they are not determining the defendant's guilt or innocence.