On motion of the defendant, the court shall dismiss the action in whole or in part, as justice requires, if:

(1) Upon sustaining a preliminary objection to the plaintiff‘s complaint, the court determines that a dismissal is required;
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Terms Used In Alabama Code 18-1A-230

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Plaintiff: The person who files the complaint in a civil lawsuit.
(2) The plaintiff has unjustifiably failed to exercise reasonable diligence in prosecuting the action;
(3) The plaintiff has failed to pay the full amount required by the judgment within time allowed.
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