Articles Tagged with rules of procedure

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The Rules of Civil Procedure often have a few points where a case can end. They are there to make sure that all parties to the case are proceeding fairly, timely, and efficiently. Over time, these stopping points have begun to evolve as more and more litigants are utilizing them to “win” cases. One such rule is Rule 41(b). Rule 41 is about dismissal of actions. Part (a) is about voluntary dismissals by the plaintiff or by order of the judge. These voluntary dismissals are typically without prejudice, meaning that the plaintiff may file a lawsuit again, usually within a year. Part (b) is about involuntary dismissals. Typically, a defendant would file a motion to dismiss a case or claim based upon Rule 41(b). The grounds for dismissal under this Rule are failure of the plaintiff to prosecute or to comply with these rules or any order of court. Distinct case law has fleshed out the operation of the Rule, and what is required to be shown unto the court in order to have a Rule 41 motion to dismiss granted. Continue reading →