Rule 41 - [Effective 1/1/2025] Dismissal of actions or claims(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 statute of the State, the plaintiff may dismiss an action or claim 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 the same claim, or any action in any Court of the United States or of this or any other state based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.(2)By court order of Court; effect. Except as provided in Rule 41 (a)(1), an action may be dismissed at the plaintiffs request only by court order on terms that the court considers proper. If a defendant has pleaded a counterclaim before being served with the plaintiffs 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 any a court order (1) 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.(2) any court in which an action has been pending for more than one year where no action has been taken by the plaintiff the court may. in its discretion, order such action dismissed. For good cause shown, the court may, reinstate any action dismissed under this subsection on motion filed within three terms after entry of the order of dismissal.(3) If the plaintiff is delinquent in the payment of accrued court costs, the court may, in its discretion, order such action dismissed. An order of reinstatement shall not be entered until file any accrued Court costs are paid. Before a court may dismiss an action under Rule 41(b), notice and an opportunity to be heard shall be given to all parties of record.
(5)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) shall be made: (A) before a responsive pleading is served; or(B) if there is none no responsive pleading, before evidence is introduced at a hearing or trial.(6) If a plaintiff who previously dismissed an action in any court files an action on or including the same claim against the same defendant, the court: (A) may plaintiff to pay all or part of costs of fee that previous action; and (B) may stay the proceedings until the plaintiff has complied. Amended effective 1/1/2025.