Judgment and Adjudication Without Trial Reviewed

Dismissals may be voluntary or involuntary.

    ●  If voluntary, the first voluntary dismissal is normally without prejudice.

    ●  If voluntary, the second voluntary dismissal is normally with prejudice,

    ●  A claim or case may also be involuntarily dismissed for 'failure to prosecute' or otherwise develop the case, or for failure to obey the rules or the court's orders. An involuntary dismissal normally is with prejudice.

Defaults, Default Judgments, and Lifting of Defaults

    ●  A party who fails to respond at all after being served can be subject to an entry of default, followed by entry of a default judgment. Rule 55.

    ●  Default judgments can also be entered against parties who appear but then stop participating in the case, or against those who have disobeyed court orders or engaged in misconduct such as discovery abuse.  

    ●  Those who have been subjected to a default judgment may seek to have the default judgment set aside. The grounds for this are set forth in Rule 60.

Summary Judgment

    ●  May Be Entered On a Claim or Parts of a Claim If There Is No Genuine Dispute As To Any Material Fact (Rule 56)

    ●  One way to obtain summary judgment is to 'prove the negative' to show that opposing party has no valid claim or defense.

    ●  Another way to obtain summary judgment is to show, after discovery has closed, that the opposing party will not have competent proof at trial of an essential element of their claim or defense. In such a situation, the burden of production shifts to the responding party to produce evidence that will allow it to meet its burden.