What is the difference between a voluntary dismissal and an involuntary dismissal in civil law?
Voluntary and involuntary dismissal in civil law are two very different things. Voluntary dismissal is when the plaintiff, or the party bringing suit, decides to drop the case without the court issuing a decision. This can be done for a variety of reasons, such as an out-of-court settlement, a change of heart, or simply because the case no longer seems to be worth pursuing. In a voluntary dismissal, the plaintiff can still bring the case back at a later date if desired. In contrast, an involuntary dismissal means the court has issued a decision on the case and decided to end it. An example would be when the court finds that the plaintiff has not presented enough evidence to meet the legal burden of proof and rules in favor of the defendant. This dismissal can be with or without prejudice. A dismissal with prejudice means the plaintiff cannot bring the case back again, while a dismissal without prejudice leaves the option open. In Kansas, voluntary and involuntary dismissals are common in civil law cases. It is important to understand the difference between the two, as it could be the difference between winning and losing a case.
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