dismissal of action

dismissal of action

the termination of a civil action at the motion of the defendant. While an order for dismissal may be made at the conclusion of the trial, it is usually made during interlocutory proceedings. An action may be dismissed for want of prosecution where the plaintiff has been guilty of inexcusable delay in circumstances where there has been seen to be prejudice to the defendant or where there is a risk that a fair trial is no longer possible. In Scotland a civil action may be dismissed if it cannot be legally supported. If so, it may be raised again provided not out of time.