What is the difference between a voluntary dismissal and an involuntary dismissal in civil law?
In civil law, the difference between a voluntary dismissal and an involuntary dismissal is based on the decision of the court. A voluntary dismissal occurs when the plaintiff in a civil lawsuit chooses to dismiss their claim without a court order. This typically happens when the plaintiff is unable to prove their case or if they decide to settle out of court. An involuntary dismissal occurs when the court issues an order to dismiss the case. This may happen if the court finds that the plaintiff has not presented sufficient evidence to support their claim or if the court finds that the defendant is not liable. This type of dismissal may also occur if the plaintiff fails to properly serve the defendant. In both cases, the dismissal will be noted in the court record and the case will not proceed to trial.
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