IX. Termination of the Case WIthout Trial

Question 1

Voluntary Dismissal

Answer 1

P may dismiss without prejudce once

• before 1st witness sworn at trial OR
• by parties stipulations

If dismissed not on merits, plaingiff may refile within six months or the limitations period, whichever is longer

Cannot take voluntary dismissal if there is a counterclaim pending unless opposing party agrees or claim is available for independent adjudication

Question 2

Involuntary Dismissal

Answer 2

Can dismiss if P has

• failed to prosecute case with proper diligence OR
• failed to comply with the CPA or court order.

Not an admjudication on the merits–usually can refile

Question 3

Automatic Dismissal

Answer 3

case dismissed if no written order is filed for five years. Can reflie within six months of dismissal and same footing as original state of lim

Question 4

Entry of Default Judgment

Answer 4

• If process served properly and does nothign within 30 days, there is a default
• automoatice grace peroid of 15 days whre can move to reopen as a mateter of right
• bfter grace period, can move to set aside the default before entry of default. Only grounds are 1) providential cause preventing filing (illness): Or 2) excusable neglect; or 3) convinvced from all facts it would be propert to set aside
  
  • must be under oath, meritorious defense, state that ready to proceed and read to plead immediately

Question 5

Default Judgment (court only)