6. Avoiding Trial: Pre-Trial Dispositions & Dismissals

What triggers Avoiding Trial?

After discovery, is there any genuine factual dispute that requires a jury? Or can the judge decide as a matter of law?

What are the Pre-Trial Dispositions & Dismissals?

1. Default Judgement

2. Voluntary Dismissal (No Court Order)

3. Voluntary Dismissal (With Court Order)

4. Involuntary Dismissal

How can a case be dismissed on Default Judgement?

A ruling issued against a party who fails to respond or appear in court.

• Judgment is entered automatically. Merits of the case are irrelevant.

• Voidable: The judgment is entirely void if the party was improperly served (due process violation).

Peralta v. Heights Medical Center

Service was defective (untimely), voiding default judgement

How can a case be dismissed with Voluntary Dismissal (No Order)?

P dismisses BEFORE D answers or files a motion for summary judgement.

Plaintiff files a case. Plaintiff realizes a major factual error in the suit and decides to dismiss it through Voluntary Dismissal (No Order). Can Plaintiff re-sue?

Yes, voluntary dismissal is without prejudice

How can a case be dismissed with Voluntary Dismissal (With Order)?

P asks court to approve dismissal AFTER D answers or files a motion for summary judgement.

Parties are six months into discovery. Plaintiff asks the judge to drop the case to regroup.

1. Can P refile?

2. What is this an example of?

1. Yes.

2. Voluntary Dismissal (With Order)

How can a case be dismissed with Involuntary Dismissal?

Plaintiff fails to prosecute or obey court rules

Who initiates Involuntary Dismissal?

Court or Defendant

Plaintiff repeatedly ignores court orders to produce documents. The judge dismisses the case to clear the docket. Can Plaintiff refile?

No, P is permanently barred from bringing the claim again. Acts as a final judgement.