A defendant may move for an involuntary dismissal of the civil action for lack of jurisdiction, for prematurity of action, for failure to substitute a party for a decedent and for such other dismissals as are allowed by these Rules 41 through 101. Defendant may also move for an involuntary dismissal of the civil action for failure of the plaintiff to prosecute or to comply with these Rules 41 through 101 or any order of the court. Any involuntary dismissal shall be without prejudice unless the court in its order for dismissal shall otherwise specify.
Rule 67.03.Involuntary Dismissal--Effect Thereof.
Part I · Rule 67: Dismissal of Civil Actions · Last amended January 1, 1994 · Last verified July 22, 2026
In one sentenceRule 67.03 lets a defendant move for involuntary dismissal on grounds such as lack of jurisdiction, prematurity, failure to substitute a party for a decedent, or failure to prosecute or comply with the rules or a court order, with the dismissal being without prejudice unless the court specifies otherwise.
Full Text of Rule 67.03
Amendment History
Amended Jan. 19, 1973, eff. Sept. 1, 1973; Amended June 1, 1993, eff. Jan. 1, 1994.
Plain-English Summary
Rule 67.03 gives a defendant a formal way to end a case for reasons that have nothing to do with who should win on the merits. The listed grounds include a court's lack of jurisdiction, prematurity of the action, a failure to substitute a proper party after someone has died, and any other dismissal the civil procedure rules allow. A defendant can also move for dismissal because the plaintiff has failed to prosecute the case or failed to comply with the rules or a court order.
The default outcome favors the plaintiff even when the motion succeeds: an involuntary dismissal is without prejudice unless the court's order says otherwise. That means the court has to make a deliberate choice to close off the claim for good — silence in the order leaves the plaintiff free to try again, subject to whatever other bar might apply.
Because Rule 67.04 extends this rule to counterclaims, cross-claims, and third-party claims, a plaintiff facing a counterclaim can invoke the same grounds to seek its involuntary dismissal.
Frequently Asked Questions
What grounds can a defendant raise for an involuntary dismissal?
Lack of jurisdiction, prematurity of the action, failure to substitute a party for a decedent, other dismissals allowed under the civil procedure rules, and failure to prosecute or comply with the rules or a court order.
Is an involuntary dismissal with prejudice or without prejudice by default?
Without prejudice, unless the court's order of dismissal specifies otherwise.
Can only the defendant move for involuntary dismissal under this rule?
Rule 67.03 speaks to a defendant moving for involuntary dismissal; it doesn't itself address a court dismissing a case on its own initiative.
What does failure to prosecute mean under this rule?
The rule allows a defendant to move for dismissal when the plaintiff has failed to move the case forward or has failed to comply with the civil procedure rules or an order of the court.
Does this rule apply to counterclaims and cross-claims?
Yes — Rule 67.04 makes Rule 67.03 applicable to dismissal of a counterclaim, cross-claim, or third-party claim.
Can a dismissed case under this rule be refiled?
If the dismissal is without prejudice, the default under this rule, the plaintiff may generally refile subject to other applicable limits.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: involuntary dismissaldismissal for failure to prosecutemotion to dismiss for lack of jurisdictiondismissal for failing to comply with court order