civil procedure---involuntary dismissal
Posted: Fri Feb 15, 2019 9:48 pm
hi, everyone, for a long time I think the involuntary dismissal and the dismissal with prejudice are the same thing. but now I feel confused about it. please look at the things below:
1. there are dismissal without prejudice even if they are involuntary dismissal.
ϖ lack of jurisdiction
ϖ improper venue
ϖ failure to join a party
2. ϖ The court dismiss the claim as a sanction for failure to appear at a deposition, and the court did not specify the dismissal would not operate as an adjudication upon the merits, then it deemed to be an adjudication upon the merits[/u][/b][/u], precludes a second action on the same claim.
The above are really confusing, the lack of jurisdiction/improper venue/failure to join the party are involuntary dismissal without prejudice, but what about the involuntary dismissal for the sanction to failure to appear at a deposition, there is no merits to be decided, why there is upon merits? so is there involuntary dismissal without prejudice? sorry... I really fee lost and don't know what I have said.
1. there are dismissal without prejudice even if they are involuntary dismissal.
ϖ lack of jurisdiction
ϖ improper venue
ϖ failure to join a party
2. ϖ The court dismiss the claim as a sanction for failure to appear at a deposition, and the court did not specify the dismissal would not operate as an adjudication upon the merits, then it deemed to be an adjudication upon the merits[/u][/b][/u], precludes a second action on the same claim.
The above are really confusing, the lack of jurisdiction/improper venue/failure to join the party are involuntary dismissal without prejudice, but what about the involuntary dismissal for the sanction to failure to appear at a deposition, there is no merits to be decided, why there is upon merits? so is there involuntary dismissal without prejudice? sorry... I really fee lost and don't know what I have said.