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  • Instances of Dismissal

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    Ere Yrrech
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    This document outlines 5 instances where a case may be dismissed and whether the dismissal is with or without prejudice. Dismissals for failure to comply with certification requirements or where the order is silent on character are typically without prejudice. Willful forum shopping may result in summary dismissal with prejudice. Dismissals under Rule 17 sections 2 and 3 specify whether they are without or with prejudice depending on what is declared in the court order.

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    This document outlines 5 instances where a case may be dismissed and whether the dismissal is with or without prejudice. Dismissals for failure to comply with certification requirements or where the order is silent on character are typically without prejudice. Willful forum shopping may result in summary dismissal with prejudice. Dismissals under Rule 17 sections 2 and 3 specify whether they are without or with prejudice depending on what is declared in the court order.

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    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
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    10 views1 page

    Instances of Dismissal

    Uploaded by

    Ere Yrrech
    This document outlines 5 instances where a case may be dismissed and whether the dismissal is with or without prejudice. Dismissals for failure to comply with certification requirements or where the order is silent on character are typically without prejudice. Willful forum shopping may result in summary dismissal with prejudice. Dismissals under Rule 17 sections 2 and 3 specify whether they are without or with prejudice depending on what is declared in the court order.

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    Instances of Dismissal

    1. Dismissal for failure to comply with the certification requirement (not motu proprio but upon
    motion and after hearing)
    (as a rule) without prejudice
    2. Where the dismissal is silent as to the character of the dismissal
    The dismissal is presumed to be without prejudice
    3. Willful and deliberate forum shopping – summary dismissal
    with prejudice
    4. Sec 2, Rule 17
    Without prejudice, except if the order of dismissal specifies that it is without prejudice
    5. Sec 3, Rule 17
    With prejudice, unless otherwise declared by the court

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