Dismiss

What dismiss means

Put simply, dismiss is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where dismiss comes up

For example, the term appears in these procedures:

• Voluntary Dismissal (Fed. R. Civ. P. 41(a)): the ways a plaintiff can end its own case.
• Involuntary Dismissal (Failure to Prosecute) (Fed. R. Civ. P. 41(b)): a motion to dismiss because the plaintiff failed to prosecute or to comply with the rules or a court order.

Read the source: Dismissal with prejudice.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses dismiss in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the official rule text online for free.

Related legal terms

• Stipulation: an agreement between the parties on a procedural or factual matter, often filed with the court.
• Settlement: an agreement resolving a dispute without a final court decision on the merits.
• Directed verdict: an older term for what federal courts now call judgment as a matter of law.
• Disbursement: a payment of money out of an account or fund, such as the release of loan funds, a distribution from a trust or estate, or a payment from a court's registry. Money deposited in a federal court's registry may be withdrawn only by order of the court (28 U.S.C. § 2042).

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.