Fed. R. Civ. P. 41 — Dismissal of Actions

Federal Rules of Civil Procedure

Rule 41 — Dismissal of Actions

Fed. R. Civ. P. 41

Rule41

TITLE VITRIALS

CitationFed. R. Civ. P. 41

Fed. R. Civ. P. 41 (Dismissal of Actions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Bluebook

Fed. R. Civ. P. 41.

Text

(a)VOLUNTARYDISMISSAL.

(1)By the Plaintiff.

(A)Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing:

(i)a notice of dismissal before the opposing party serves either an answer or a motion for summary judg- ment; or

(ii)a stipulation of dismissal signed by all parties who have appeared.

(B)Effect. Unless the notice or stipulation states other- wise, the dismissal is without prejudice. But if the plain- tiff previously dismissed any federal- or 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 may be dismissed at the plaint

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(a) VOLUNTARYDISMISSAL.
(1) By the Plaintiff.
(A) Without a Court Order. Subject to Rules 23(e), 23.1(c),
23.2, and 66 and any applicable federal statute, the plaintiff
may dismiss an action without a court order by filing:
(i) a notice of dismissal before the opposing party
serves either an answer or a motion for summary judg-
ment; or
(ii) a stipulation of dismissal signed by all parties
who have appeared.
(B) Effect. Unless the notice or stipulation states other-
wise, the dismissal is without prejudice. But if the plain-
tiff previously dismissed any federal- or 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 may be dismissed at the plaintiff’s request only by
court order, on terms that the court considers proper. If a de-
fendant has pleaded a counterclaim before being served with
the plaintiff’s motion to dismiss, the action may be dismissed
over the defendant’s objection only if the counterclaim can re-
main pending for independent adjudication. Unless the order
states otherwise, a dismissal under this paragraph (2) is with-
out prejudice.
(b) INVOLUNTARY DISMISSAL; EFFECT. If the plaintiff fails to pros-
ecute or to comply with these rules or a court order, a defendant
may move to dismiss the action or any claim against it. Unless
the dismissal order states otherwise, a dismissal under this sub-
division (b) and any dismissal not under this rule—except one for
lack of jurisdiction, improper venue, or failure to join a party
under Rule 19—operates as an adjudication on the merits.
(c) DISMISSING A COUNTERCLAIM, CROSSCLAIM, OR THIRD-PARTY
CLAIM. This rule applies to a dismissal of any counterclaim,
crossclaim, or third-party claim. A claimant’s voluntary dismissal
under Rule 41(a)(1)(A)(i) must be made:
(1) before a responsive pleading is served; or

(2) if there is no responsive pleading, before evidence is in-
troduced at a hearing or trial.
(d) COSTS OF A PREVIOUSLY DISMISSED ACTION. If a plaintiff who
previously dismissed an action in any court files an action based
on or including the same claim against the same defendant, the
court:
(1) may order the plaintiff to pay all or part of the costs of
that previous action; and
(2) may stay the proceedings until the plaintiff has com-
plied.

Advisory Committee Notes

(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.)