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Dismiss

v. A judge's ruling that a portion or all of the lawsuit is terminated without allowing additional evidence or testimony. When the judge is convinced that the plaintiff has not and cannot prove his/her/its case, the judgment can be made to dismiss the case. This may occur before, during, or at the end of a trial and can be based on the complaint failing to allege a cause of action, on a motion for summary judgment, plaintiff's opening statement, or a evidentiary development. Dismissal may occur at the judge's discretion or upon the defendant's motion. The plaintiff may choose to dismiss a cause of action before or during a trial if the case is settled, if it cannot be proven, or the trial strategy dictates eliminating a weak claim. When a lawsuit it dropped against the party, it is "dismissed."

 
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