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dismissal definition - legal

n

  1. The termination of a legal proceeding by the judge, before a trial or hearing, typically on the grant of a motion to dismiss by the adverse party, or because the claimant failed to proceed with the action or comply with an order of the court, or because the claimant has agreed to end the proceeding. 
  2. Of employment, the firing of an employee.
dismissal without prejudice
A dismissal that allows the claimant to bring the same claim again at some time in the future, within any applicable period of limitations.
dismissal with prejudice
A dismissal that bars the claimant from bringing the claim again at any time in the future.
involuntary dismissal
A dismissal of a claim that the claimant desired to pursue.
voluntary dismissal
A dismissal by the claimant or with the claimant’s consent to  withdraw the claim.

Webster's New World Law Dictionary Copyright © 2006 by Wiley Publishing, Inc., Hoboken, New Jersey.
Used by arrangement with John Wiley & Sons, Inc.

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