Legal Definitions - failure otherwise than on the merits

Definition: Failure otherwise than on the merits refers to the defeat of a plaintiff's claim by a procedural device without a decision on the existence of the claim's elements.

Example: If a plaintiff fails to file a lawsuit within the statute of limitations, the case may be dismissed due to failure otherwise than on the merits. This means that the case was not dismissed because the plaintiff's claim lacked merit, but rather because of a procedural error.

Explanation: Failure otherwise than on the merits occurs when a case is dismissed for reasons other than the substance of the plaintiff's claim. This can happen due to procedural errors, such as missing a deadline or failing to follow court rules. In such cases, the court does not make a decision on the merits of the case, but rather dismisses it based on procedural grounds.