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.

References in periodicals archive ?

1996) (failure of pro se plaintiff to attend CMC does not warrant dismissal of action unless court order has a finding of violation that was flagrant, persistent, willful or otherwise aggravated).

The case management conference: tune-up needed? (Trial Lawyers Forum)

Appeal of district court dismissal of action under Federal Tort Claims Act alleging violation of bank supervision requirements.

PENDING CASES INVOLVING THE BOARD OF GOVERNORS

Appeal of dismissal of action challenging income taxation and Federal Reserve notes.

PENDING CASES INVOLVING THE BOARD OF GOVERNORS

105) The court found that even though a 2007 amendment to CPLR section 2001 was designed to forgive mistakes in the filing process, they saw "no reason why the Legislature would wish to foreclose dismissal of actions .

All is not forgiven - the application of CPLR 2001 to Mendon Ponds defects

It requires immediate dismissal of actions pending in state or federal courts and bars all future suits.