Dismiss

The ruling by a referee/judge that all or a portion (one or more of the causes of action) of a lawsuit or motion is terminated (thrown out) at that point without further evidence or testimony. This judgment may be made before, during or at the end of a trial, when the referee/judge becomes convinced that the party has not and cannot prove their case. This can be based on the complaint failing to allege a cause of action, on a motion for summary judgment, plaintiff's opening statement of what will be proved, or on some development in the evidence by either side which prevents judgment for the plaintiff. The referee/judge may dismiss on his own or upon motion of a party. The plaintiff may voluntarily dismiss a cause of action before or during trial if the case is settled, if it is not provable, or trial strategy requires getting rid of a weak case. A defendant may be "dismissed" from a lawsuit, meaning the suit is dropped against that party.