dismiss

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dismiss

v. the ruling by a judge that all or a portion (one or more of the causes of action) of the plaintiff's lawsuit is terminated (thrown out) at that point without further evidence or testimony. This judgment may be made before, during, or at the end of a trial, when the judge becomes convinced that the plaintiff has not and cannot prove his/her/its case. This can be based on the complaint not alleging a cause of action, a motion for summary judgment, plaintiff's opening statement of what will be proved, or some development in the evidence by either side which bars judgment for the plaintiff. The judge may dismiss on his own or upon motion by the defendant. The plaintiff may voluntarily dismiss a cause of action before or during trial if the case is settled, if it is not provable, or trial strategy dictates getting rid of a weak claim. A defendant may be "dismissed" from a lawsuit, meaning the suit is dropped against that party. (See: dismissal)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
'This appeal is hereby dismissed having been withdrawn by the counsel to the appellant without any objection and there shall be no order as to costs.'
'Lahat ng pulis na nagpositive sa ilegal na droga, lahat 'yan dismissed. I can assure you that.' Albayalde said.
The bench also dismissed petition of the Pakistan Tehreek-i-Insaf's Rai Hassan Nawaz against rejection of his nomination papers from NA-146, Okara.
On senators petitions,15 cases have been filed in the courts with three being dismissed or withdrawn while five are pending in court.
Malik was dismissed by Sri lankan bowler Thisara Perera.
Samuel Gayflor, 37, of 19 Bond St., Fitchburg, no inspection sticker, not responsible; operating a motor vehicle with a suspended registration, dismissed upon payment of $100 in court costs; uninsured motor vehicle, dismissed.
It said that according to the latest information provided to it by the bureau, of the 2,075 public sector employees who were dismissed, 1,682 were reinstated and 180 employees remain dismissed with rights of appeal.
" The government can write to the L- G to take up the matter and he can be dismissed," he said.
If a complaint is dismissed "without prejudice," that usually means "without prejudice to plaintiff amending in this same action." In that case, the action is not yet over and the order is not appealable.
dismissed the $20 million lawsuit filed by Holland, which claimed that the regional waste authority provided predatory pricing when it introduced the program.
It was a similar story at the other high flyers, Loftus, where visiting Hinderwell were dismissed for 44, Eddie Brown taking 4-17, Loftus quickly scoring the required runs for the loss of one wicket, Steven Pearson contributing almost all of them with 40 not out.
Lloyd, the court concluded that a prosecutor erred when he dismissed two citizens during jury selection for a criminal trial because of their perceived religious leanings.