Rule 41.Dismissal of actions

Rule 41 lets a plaintiff walk away from a case without a fight, but only within limits. Before the other side answers or moves for summary judgment, a plaintiff can dismiss by filing a simple notice, or at any point if every appearing party signs a stipulation. That kind of dismissal is without prejudice -- unless the plaintiff already dismissed the same claim once before, in which case the second notice of dismissal counts as a decision on the merits and blocks a third try. Once the case has moved further along, dismissal at the plaintiff's request needs a court order, and if the defendant has already filed a counterclaim, the court cannot dismiss the plaintiff's claims over the defendant's objection unless that counterclaim can still be resolved on its own.

The rule also covers dismissal the plaintiff does not want. A defendant can move to dismiss when the plaintiff fails to prosecute the case or comply with the rules or a court order, and in a bench trial, a defendant can move to dismiss after the plaintiff's evidence is in, arguing the plaintiff has not shown a right to relief. Unless the court says otherwise, most involuntary dismissals -- and most dismissals not covered by this rule at all -- count as a decision on the merits, with two carve-outs: dismissals for lack of jurisdiction and dismissals for failing to join a required party. If a plaintiff who dismissed once refiles the same claim, the court can make the plaintiff pay the costs of the earlier case and pause the new one until that happens. And courts clear their own dockets under Rule 41(e): a case sitting idle for 90 days, other than a guardianship, conservatorship, or probate matter, can be dismissed unless someone shows good cause to keep it alive, though the clerk has to give 14 days' notice first.