North Dakota Stipulation for Dismissal
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FAQ
A non-suit is a dismissal without prejudice to re-filing the case. A dismissal with prejudice means that the case cannot be re-filed. Usually, a non-suit is taken when parties do not execute a release. Take care.
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 dismissal by stipulation is a dismissal without prejudice unless the parties otherwise agree and record their agreement in the text of the stipulation. Example of a State Statute and Case law on Stipulated Dismissal (Arizona)
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.
A stipulated (agreed) dismissal (see s. 799.24(3) of the Wisconsin Statutes) happens when the plaintiff and the defendant agree to have the judge dismiss the action and not enter a judgment against the defendant only if the defendant pays the plaintiff an agreed upon amount by a certain date.
