(a) Voluntary Dismissal: Effect Thereof.
(1) By Plaintiff; by Stipulation. Subject to the provisions of Rule 23(e), of Rule 66, and of any statute of the United States, an action may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs, or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of any state an action based on or including the same claim.
(2) By Order of Court. Except as provided in paragraph (1) of this subdivision of this rule, an action shall not be dismissed at the plaintiff’s instance save upon order of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon the defendant of the plaintiff’s motion to dismiss, the action shall not be dismissed against the defendant’s objection unless the counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.
(b) Involuntary Dismissal: Effect Thereof. For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim against the defendant. Unless the court in its order for dismissal otherwise specifies, a dismissal under this subdivision and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction, for improper venue, or for failure to join a party under Rule 19, operates as an adjudication upon the merits.
(c) Dismissal of Counterclaim, Cross -Claim, or Third -Party Claim. The provisions of this rule apply to the dismissal of any counterclaim, cross-claim, or third-party claim. A voluntary dismissal by the claimant alone pursuant to paragraph (1) of subdivision (a) of this rule shall be made before a responsive pleading is served or, if there is none, before the introduction of evidence at the trial or hearing.
(d) Costs of Previously -Dismissed Action. If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the plaintiff has complied with the order.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 1968; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991.)
added in current removed in current
Compared to current version (2025).
(a) Voluntary Dismissal: Effect Thereof.
(1) By the Plaintiff; by Stipulation. Subject to the provisions of.
(A) Without a Court Order. Subject to Rules 23(e), of Rule23.1(c), 23.2, and 66, and of any statute of the United Staapplicable federal statutes, an actionthe plaintiff may be dismissed by the plaintiff an action without order ofa court (i)order by filing:
(i) a notice of dismissal at any time before service by the adverse party ofbefore the opposing party serves either an answer or of a motion for summary judgment, whichever first occurs, or (ii) by filing; or
(ii) a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismiss.
(B) Effect. Unless the notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of any state an action based on or including the same claim.
(2) By Order of Court. Except as provided in paragraph (1) of this subdivision of this ruler state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.
(2) By Court Order; Effect. Except as provided in Rule 41(a)(1), an action shall notmay be dismissed at the plaintiff’s instance save upon order of the court and upon such terms and conditions asrequest only by court order, on terms that the court deemconsiders proper. If a counterclaim has been pleaded by a defendant prior to the service upon the defendant ofdefendant has pleaded a counterclaim before being served with the plaintiff’s motion to dismiss, the action shall notmay be dismissed againstover the defendant’s objection uonlessy if the counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order order states otherwise, a dismissal under this paragraph (2) is without prejudice.
(b) Involuntary Dismissal:; Effect Thereof. For failure o. If the plaintiff fails to prosecute or to comply with these rules or any order of court order, a defendant may move forto dismissal of an the action or of any claim against the defendanit. Unless the court in its order for dismissal otherwise specifiesdismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not provided for in this rule, other than a dismissalunder this rule-except one for lack of jurisdiction, for improper venue, or for failure to join a party under Rule 19, -operates as an adjudication upon the merits.
(c) Dismissal ofing a Counterclaim, Cross -Cclaim, or Third -Party Claim. The provisions of this rule applyies to thea dismissal of any counterclaim, cross-claim, or third-party claim. A claimant’s voluntary dismissal by the claimant alone pursuant to paragraph (1) of subdivision (a) of this rule shallunder Rule 41(a)(1)(A)(i) must be made:
(1) before a responsive pleading is served; or,
(2) if there is none, before the introduction of evidence at the trial or hearing responsive pleading, before evidence is introduced at a hearing or trial.
(d) Costs of a Previously -Dismissed Action. If a plaintiff who has oncepreviously dismissed an action in any court commencfiles an action based upon or including the same claim against the same defendant, the court may make such order for the paymen:
(1) may order the plaintiff to pay all or part of the costs of the actionat previously dismissed as it may deem proper and action; and
(2) may stay the proceedings in the action until the plaintiff has complied with the order.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 1968; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 30, 2007, eff. Dec. 1, 2007.)