Civil Procedure II

Involuntary Dismissal

If a plaintiff fails to prosecute by letting a case sit idle, then the defendant may move to involuntarily dismiss the case. Rule 41(b).

A case may also be involuntarily dismissed if the plaintiff does not comply with orders or rules.

An involuntary dismissal normally operates as an adjudication on the merits, dismissing it with prejudice. An exception is if the dismissal is based on lack of jurisdiction, venue, or joinder.