Principle

APPELLATE PRACTICE – Dismissal for Want of Prosecution – Dismissal Is Not on the Merits but a Striking Out

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Dismissal for want of prosecution is not a judgment on the merits. It does not create res judicata. The principle allows the plaintiff to bring a fresh action. The rule distinguishes between procedural dismissal and dismissal on the merits. The court may impose conditions on…

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