Order of Dismissal - Mississippi 2026

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  1. Click ‘Get Form’ to open the Order of Dismissal in the editor.
  2. Begin by entering the name of the County where the case is filed at the top of the form. This identifies the jurisdiction.
  3. In the 'PLAINTIFF(S)' section, input the names of all plaintiffs involved in the case. Ensure accuracy for legal clarity.
  4. Next, fill in 'DEFENDANTS' with the names of all defendants. This is crucial as it specifies who is being dismissed from the claims.
  5. Locate the case number field labeled 'NO.' and enter your specific case number to maintain proper records.
  6. In the body of the document, confirm that all claims are dismissed with prejudice and costs are assessed to defendants. Review this section for correctness.
  7. Finally, date your order by filling in 'day of' and 'month' fields, followed by signing as 'CIRCUIT JUDGE'. Include signatures for both attorneys at their respective lines.

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While the terminology overlaps, its important to distinguish the two very different outcomes, one of which is a judgment on the merits and the other is . . .not. Instead, the other (confusingly termed a dismissal) brings a case to an end without a judgment being entered.
A dismissal means further consideration or hearings regarding the petition or charge are terminated and no further formal action is taken. Dismissals can be either with prejudice (cannot be re-filed) or without prejudice (can be re-filed).
USA View: A Dismissal of a case, signals the end of that particular legal action but not necessarily the end of the dispute, and does not typically signal winners and losers.
Dismissal for Want of Prosecution (DWOP) occurs when a case is dismissed due to inactivity. Courts may dismiss a case if the plaintiff fails to take necessary actions within specified timelines.
Code 11-55-1 et seq. Mississippis Rule 11(b) allows a court to award reasonable attorneys fees if the opposing party filed a motion or pleading which, in the opinion of the court, is frivolous or is filed for the purpose of harassment or delay. M.R.C.P. 11(b).

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