Principle

CIVIL PROCEDURE — Res Judicata — Dismissal Not on the Merits — Effect

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Res judicata requires a decision on the merits. Preliminary dismissals (e.g., for want of prosecution, lack of jurisdiction) are not on the merits. The principle applies to all civil proceedings. The party asserting res judicata must show the previous decision was on the merits. The…

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