What is the difference between a voluntary dismissal and an involuntary dismissal in civil law?

In South Dakota, the term "dismissal" in civil law has two distinct meanings: a voluntary dismissal, and an involuntary dismissal. A voluntary dismissal is when a plaintiff chooses to withdraw a civil lawsuit before any action has been taken or a judgement has been given. This is done when the plaintiff no longer wishes to pursue the case or feels it is not in their best interest to do so. Voluntary dismissals are done when both parties agree, and once the dismissal is made, it is finalized and cannot be changed. An involuntary dismissal, on the other hand, is when a court declares a lawsuit is no longer valid. This can occur if the plaintiff fails to take action after filing the case, or if the plaintiff does not comply with court requests. An involuntary dismissal gives the court the authority to end the lawsuit and it cannot be appeal. In summary, voluntary dismissals are when the plaintiff chooses to end a civil lawsuit, while involuntary dismissals are when the court declares the lawsuit null and void. Both will terminate the lawsuit, but the court has the authority to proceed with an involuntary dismissal and the plaintiff does not have this option when it comes to a voluntary dismissal.

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What is the difference between a voluntary dismissal and an involuntary dismissal in civil law?

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