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Commonly Asked Questions about Court Dismissals

dismissal. n. 1) the act of voluntarily terminating a criminal prosecution or a lawsuit or one of its causes of action by one of the parties. 2) a judges ruling that a lawsuit or criminal charge is terminated. 3) an appeals courts act of dismissing an appeal, letting the lower court decision stand.
dismiss with prejudice: When a court dismisses a case and will not allow any other suit to be filed on the same claim in the future.
A motion for summary judgment is another way to ask for a pretrial resolution of a case. It differs from a motion to dismiss because summary judgment is typically considered only after the parties have conducted their discovery.
When a criminal case is dismissed, then it is over with no finding of guilt or conviction. Legal action has been terminated and the state is not moving forward with the prosecution at least for now.
dismiss. v. the ruling by a judge that all or a portion (one or more of the causes of action) of the plaintiffs lawsuit is terminated (thrown out) at that point without further evidence or testimony.
All dismissals ordered by the court shall be in the form of a written order signed by the court and filed in the action and those orders when so filed shall constitute judgments and be effective for all purposes, and the clerk shall note those judgments in the register of actions in the case.
In summary, a motion for summary judgment is used to ask a court to decide a case based on the facts and evidence presented, while a motion to dismiss is used to ask a court to dismiss a lawsuit before it goes to trial, based on legal issues such as jurisdiction or failure to state a claim.