Short answer. Yes — and unless the court says otherwise, the dismissal counts as a decision on the merits, which can end your claim for good. The Rules allow dismissal where a plaintiff fails to appear at the presentation of evidence, fails to prosecute the case for an unreasonable time, or disobeys the Rules or a court order.
What the law says
This dismissal shall have the effect of an adjudication upon the merits, unless otherwise declared by the court.
Rule 16, Section 3 — Dismissal due to fault of plaintiff. Read the full provision →
The three grounds
The rule names three failures, each attributable to the plaintiff. First, failing to appear on the date of the presentation of his or her evidence in chief on the complaint — the hearing where your own case is to be proved, not just any setting. Second, failing to prosecute his or her action for an unreasonable length of time — letting the case sit while nothing moves because of you. Third, failing to comply with these Rules or any order of the court. On any of these, the complaint may be dismissed upon motion of the defendant or upon the court's own motion — the judge does not need to wait to be asked.
Why this dismissal is different
Most dismissals a plaintiff suffers early in a case leave the door open to refiling. This one, by default, does not: This dismissal shall have the effect of an adjudication upon the merits, unless otherwise declared by the court. An adjudication on the merits means the case is treated as if it had been tried and lost — the same claim cannot simply be filed again. The escape hatch is in the closing phrase: the court may declare the dismissal to be without prejudice. Whether it did is the single most important thing to check in the dismissal order, because everything about your remaining options depends on those words.
The fault must be yours, and unexcused
The rule opens with a qualifier that does real work: dismissal is proper only if, for no justifiable cause, the plaintiff failed. Illness, an accident, a lawyer's sudden incapacity, a notice that never reached you — circumstances like these go to whether there was justifiable cause at all. A plaintiff facing a motion to dismiss on this ground should put the explanation on record, with proof, at the first opportunity. Note also what the dismissal does not erase: it is without prejudice to the right of the defendant to prosecute his or her counterclaim in the same or in a separate action — so the case may end for you and continue against you.
If the order has already been issued
Read the dismissal order immediately and look for two things: the ground the court relied on, and whether the court declared the dismissal to be without prejudice. Then act fast — post-judgment remedies are counted in days from receipt of the order, and the period runs whether or not you have engaged a new lawyer. Bring the order, the case record, and an honest account of why the case stalled to counsel at once. If the failure genuinely was not your fault, that story, supported by documents, is the heart of any bid to have the dismissal reconsidered or set aside.