Md. R. Civ. P. Dist. Ct. 3-506

As amended through November 13, 2024

Rule 3-506 - Voluntary Dismissal

(a) By Notice of Dismissal or Stipulation. Except as otherwise provided in these rules or by statute, a party who has filed a complaint, counterclaim, cross-claim, or third party claim may dismiss all or part of the claim without leave of court by filing (1) a notice of dismissal at any time before the adverse party files a notice of intention to defend, or if the notice of dismissal specifies that it is with prejudice, at any time before judgment, or (2) a stipulation of dismissal signed by all parties to the claim being dismissed.

(b) Dismissal Upon Stipulated Terms. If an action is settled upon written stipulated terms and dismissed, the action may be reopened at any time upon request of any party to the settlement to enforce the stipulated terms through the entry of judgment or other appropriate relief.

(c) By Order of Court. Except as provided in section (a) of this Rule, a party who has filed a complaint, counterclaim, cross-claim, or third party claim may dismiss the claim only by order of court and upon such terms and conditions as the court deems proper.

(d) Effect on Claim. Unless otherwise specified in the notice of dismissal, stipulation, or order of court, a dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a party who has previously dismissed in any court of any state or in any court of the United States an action based on or including the same claim.

(e) Effect on Counterclaim. If a counterclaim has been pleaded before the filing of a notice of dismissal or motion for voluntary dismissal, the dismissal of the action shall not affect the continued pendency of the counterclaim.

(f) Costs. Unless otherwise provided by stipulation or order of court, the dismissing party is responsible for all costs of the action or the part dismissed.

Md. R. Civ. P. Dist. Ct. 3-506

This Rule is derived as follows:

Section (a) is derived in part from the 1968 version of Fed. R. Civ. P. 41(a)(1) and is in part new.

Section (b) is new.

Section (c) is derived from former Rule 541 b and the 1968 version of Fed. R. Civ. P. 41(a)(2).

Section (d) is derived from former M.D.R. 541 b.

Section (e) is derived from former Rule 541 b and the 1968 version of Fed. R. Civ. P. 41(a)(2).

Section (f) is derived from former Rules 541 d and 582 b.

Adopted April 6, 1984, eff. 7/1/1984. Amended Nov. 12, 2003, eff. 1/1/2004; 11/8/2005, eff. 1/1/2006.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order amended the source note.

2005 Orders

The November 8, 2005, order, rewrote section (a); inserted new section (b), related to dismissal upon stipulated terms; rewrote former section (b); redesignated former sections (b) through (e) as sections (c) through (f), respectively; amended the cross reference following former section (e); deleted former section (f); and amended the source note. Prior to amendment, sections (a), (b), and (f) read:

"(a) By Notice of Dismissal or Stipulation. Except as otherwise provided in these rules or by statute, a plaintiff may dismiss an action without leave of court (1) by filing a notice of dismissal at any time before the adverse party files a notice of intention to defend, or if the notice of dismissal specifies that it is with prejudice, at any time before judgment, or (2) by filing a stipulation of dismissal signed by all parties who have appeared in the action.

"(b) By Order of Court. Except as provided in section (a) of this Rule, a plaintiff may dismiss an action only by order of court and upon such terms and conditions as the court deems proper.

"(f) Dismissal of Counterclaims, Cross-Claims, or Third-Party Claims. The provisions of this Rule apply to the dismissal of any counterclaim, cross-claim, or third-party claim.

See Code, Courts Article, § 7-301. For settlement of suits on behalf of minors, see Code, Courts Article, § 6-405 and Rule 3-202. For settlement of a claim not in suit asserted by a parent or person in loco parentis under a liability insurance policy, see Code, Insurance Article, § 19-113.