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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.
Definitions of judgment of dismissal. noun. a judgment disposing of the matter without a trial.
Thus, just as a summary judgment is not a dismissal meaning a summary judgment should not be sought through a motion to dismiss a dismissal is not a summary judgment, and should not be sought thereby.
By Practical Law Litigation. A notice of voluntary dismissal which a plaintiff may use to dismiss an action before the defendant has answered or moved for summary judgment.