What is the difference between a voluntary dismissal and an involuntary dismissal in civil law?
In Colorado civil law, the difference between a voluntary dismissal and an involuntary dismissal is based on the actions of the parties involved in the case. A voluntary dismissal is when the plaintiff (or the party bringing the action) chooses to end the case without any order from the court. This is often done if the plaintiff decides they don’t wish to pursue the case any further, or if the parties have reached a settlement. The court then enters an order of dismissal that is agreed upon by all parties and the case is closed. An involuntary dismissal is when the court is forced to dismiss the case for some reason. This could be due to the failure of the plaintiff to comply with court orders, if new evidence arises that changes the facts of the case, or if the case is no longer viable. In this instance, the court will issue an order that dismisses the case. The result of a voluntary dismissal is that the case is closed and no judgement is rendered. If an involuntary dismissal is granted, the case could be refiled depending on the reason for the dismissal. It is important to note that a voluntary dismissal cannot be undone whereas an involuntary dismissal could be undone if the dismissal was based on certain technicalities.
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