Involuntary Dismissal (Failure to Prosecute)

When the involuntary dismissal is used

Timing: when the plaintiff stops moving the case forward or disobeys an order. Dispositive motions ask the court to decide all or part of a case without a full trial. They usually follow discovery.

What the rule requires

• Unless the dismissal order states otherwise, a dismissal under Rule 41(b) — other than for lack of jurisdiction, improper venue, or failure to join a Rule 19 party — operates as an adjudication on the merits.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 41(b) online. Also, the federal judiciary publishes the current rules and recent amendments.

The involuntary dismissal in state court

This page covers the federal version. In state court, the involuntary dismissal may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Dismissal with prejudice: a dismissal that bars the plaintiff from bringing the same claim again.

Related procedures

Similarly, these procedures often come up alongside it:

• Voluntary Dismissal: the ways a plaintiff can end its own case.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.