Rule 1.945.Involuntary dismissal
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.945
Plain-English Summary
Rule 1.945 gives a party two distinct tools tied to the word "dismissal." First, if the party asserting a claim fails to comply with the rules of this chapter or with a court order, the other party may move for dismissal of that action or claim, or for any other appropriate court order — a remedy for noncompliance that reaches beyond just the trial stage.
Second, the rule addresses a specific moment at trial: after a party has rested, the adverse party may move for dismissal on the ground that no right to relief has been shown under the law or the facts. Making that motion does not waive the moving party's own right to put on evidence afterward if the motion is denied — so testing the sufficiency of the other side's case does not cost a party its own chance to present a defense.
Frequently Asked Questions
What can I do if the other party is not complying with the rules or a court order?
Rule 1.945 lets you move for dismissal of that party's action or claim, or for any other appropriate order of court, based on the failure to comply.
Can I move to dismiss after the plaintiff rests its case at trial?
Yes. Rule 1.945 lets the adverse party move for dismissal after the other party has rested, on the ground that no right to relief has been shown under the law or facts.
If I move to dismiss after the plaintiff rests and lose, do I still get to present my own evidence?
Yes. Rule 1.945 states that making this motion does not waive the moving party's right to offer evidence thereafter.
Does Rule 1.945 apply only at trial?
No. The first part of the rule addresses noncompliance with the rules or a court order generally, while the second part specifically addresses a motion made after a party rests at trial.
What must be shown to succeed on this kind of dismissal motion after the opposing party rests?
Rule 1.945 frames the standard as no right to relief having been shown, under either the law or the facts presented.