Home > West's Encyclopedia of American Law > Dismissal

A discharge of an individual or corporation from employment. The disposition of a civil or criminal proceeding or a claim or charge made therein by a court order without a trial or prior to its completion which, in effect, is a denial of the relief sought by the commencement of the action.

The legal effect of a dismissal varies depending upon its type. A dismissal, granted by a court that has exercised its discretion in evaluating the particular case before it, operates similarly in civil and criminal actions.

Civil Proceedings

Rules embodied in state codes of CIVIL PROCEDURE and the Federal Rules of Civil Procedure govern the granting of dismissals in civil actions brought in state and federal courts. The primary function of a dismissal is to promote the speedy and efficient administration of justice by removing from the consideration of a...