(a)
Voluntary Dismissal.
(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 judgment; or
(ii) a stipulation of dismissal signed by all
parties who have appeared.
(B) Effect. Unless the notice or stipulation
states otherwise, the dismissal is without
prejudice. But if the plaintiff 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 defendant
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 remain pending for
independent adjudication. Unless the order
states otherwise, a dismissal under this
paragraph (2) is without prejudice.
(b)
Involuntary Dismissal; Effect.
If the plaintiff fails
to prosecute 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 subdivision
(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 introduced 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
complied.