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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.
A Motion is when one party is asking the Court to take some action. A Stipulation is typically when both parties to a case have agreed upon something and are submitting that agreement to the Court.
Dismissal with prejudice is a final judgment and the case becomes res judicata on the claims that were or could have been brought in it; dismissal without prejudice is not.
Definition from Nolo's Plain-English Law Dictionary When a lawsuit is dismissed with prejudice, the court is saying that it has made a final determination on the merits of the case, and that the plaintiff is therefore forbidden from filing another lawsuit based on the same grounds.
1) An agreement between the parties to a lawsuit. For example, if the parties enter into a stipulation of facts, neither party will have to prove those facts: The stipulation will be presented to the jury, who will be told to accept them as undisputed evidence in the case.
A case will be dismissed with prejudice if there is reason for the case not to be brought back to court; for example, if the judge deems the lawsuit frivolous or the the matter under consideration is resolved outside of court.
A dismissed case means that a lawsuit is closed with no finding of guilt and no conviction for the defendant in a criminal case by a court of law.A dismissed case will still remain on the defendant's criminal record.
A stipulated dismissal is always a voluntary agreement between the parties. After the court makes a determination of how much the defendant should pay, the parties can enter into the agreement and have it entered as an order by the judge.