Rule 2.504.Dismissal of Actions

Early in a case, before the defendant answers or moves under Rule 2.116, a plaintiff can dismiss the whole action just by filing a notice, no judge's signature required, or the parties can jointly file a stipulated dismissal at any point; either route runs on the payment of costs. Either way the dismissal is generally without prejudice — unless the notice or stipulation says otherwise — with one sharp exception: if the same plaintiff has already dismissed an action based on the same claim once before, in any court, this kind of notice dismissal counts as a full adjudication on the merits the second time around, closing the door on a third try. Once the window for a no-order dismissal has closed, the plaintiff needs the court's permission, on terms the court thinks proper, and if the defendant has already pleaded a counterclaim before being served with the dismissal motion, the court can't dismiss the plaintiff's case over the defendant's objection unless that counterclaim can still be adjudicated on its own.

Involuntary dismissal covers different ground: if a party ignores the rules or a court order, the court can enter a default or dismiss that party's claims, on motion or on its own initiative. In a bench trial, once the plaintiff has put on its evidence, the defendant can move for dismissal on the ground that the plaintiff hasn't shown a right to relief on the facts and the law, without giving up the right to put on its own evidence if the motion fails; the court can rule right away or wait until all the evidence is in, and a judgment against the plaintiff on the merits requires the court to make findings under Rule 2.517. Unless the court says otherwise, most involuntary dismissals operate as adjudications on the merits, with two notable exceptions carved out: a dismissal for lack of jurisdiction, and a dismissal for failing to join a necessary party. The same basic framework applies to a voluntarily dismissed counterclaim, cross-claim, or third-party claim, and a plaintiff who refiles a once-dismissed claim can be made to pay the costs of the earlier, dismissed action before the new one proceeds.