Wednesday, December 9, 2009

JUDGMENT WITHOUT TRIAL - INVOLUNTARY DISMISSAL

JUDGMENT WITHOUT TRIAL - There are multiple ways in which cases are adjudged without a trial. In fact, a substantial majority of cases are decided prior to trial. An example of such a way is outlined below.

1. Involuntary Dismissal

The plaintiff’s claim may also be involuntarily dismissed by court order. Some of the grounds for involuntary dismissal include: (1) plaintiff’s failure to prosecute; (2) plaintiff’s failure to obey court orders; (3) lack of jurisdiction or venue; or (4) plaintiff’s failure to join an indispensable party. In general, involuntary dismissals are ordered with prejudice, meaning the claim cannot be brought again in the future.


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