Rule 41.Dismissal of Actions.

A plaintiff can dismiss a case without a court order either by filing a notice of dismissal before the defendant answers or moves for summary judgment, or by filing a stipulation signed by every party who has appeared. That kind of dismissal is without prejudice unless it says otherwise, except that dismissing the same claim a second time counts as a decision on the merits, barring the plaintiff from bringing it a third time. Once a defendant has answered or moved for summary judgment, the plaintiff needs a court order to dismiss, and if the defendant has already filed a counterclaim, the court can't dismiss over the defendant's objection unless the counterclaim can still be resolved on its own; a court-ordered dismissal is also without prejudice unless the order says otherwise. If a plaintiff who once dismissed a case later refiles the same claim against the same defendant, the court can order the plaintiff to pay the costs of the earlier case and can pause the new one until that's done.

A defendant can move to dismiss a case the plaintiff isn't prosecuting or isn't handling according to the rules or a court order. In a bench trial, once the plaintiff rests its case, the defendant can move to dismiss on the ground that the plaintiff hasn't shown a right to relief, and the court — acting as the fact-finder — can weigh the evidence and rule against the plaintiff even if a bare-minimum case was made, or wait until all the evidence is in before deciding. Except for a dismissal for lack of jurisdiction, improper venue, or failure to join a necessary party, an involuntary dismissal counts as a decision on the merits unless the court's order says otherwise. These same dismissal rules apply to counterclaims, cross-claims, and third-party claims.

A case can also be dismissed for lack of prosecution if it's been pending more than a year with no proceedings taken, or more than a year without a trial or mandatory pretrial scheduling conference having been set or held. The clerk reviews pending cases twice a year, and for any case that qualifies, the court holds a calendar call or the clerk sends the parties a notice to show cause why the case shouldn't be dismissed. If no good cause is shown at the calendar call, or within 60 days after the notice goes out, the court dismisses the case — the clerk can do it directly if no one objects — without prejudice unless the order says otherwise. If that case gets refiled, the court can again order payment of the earlier case's costs and stay the new case until that's done.