Last amended May 11, 2017 · Last verified July 6, 2026
In one sentenceRule 41 governs how and when a civil case can be dismissed — voluntarily by the plaintiff, involuntarily by court order, or automatically for lack of prosecution — and what each kind of dismissal means for later re-filing.
(1)By Plaintiff—By Stipulation. Subject to the provisions of Rule 23(e), of Rule 66, and of any statute of the state, an action may be dismissed by the plaintiff without an order of the court: (A) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs; or (B) by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of this state, or of any other state, or in any court of the United States, an action based on or including the same claim.
(2)By Order of Court. Except as provided in paragraph
(1)of this subdivision of this rule, an action shall not be dismissed at the plaintiff’s instance save upon order of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon the defendant of the plaintiff’s motion to dismiss, the action shall not be dismissed against the defendant’s objection unless the counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.
(b)Involuntary Dismissal—Effect Thereof. For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim against the defendant. After the plaintiff, in an action tried by the court without a jury, has completed the presentation of the plaintiff’s evidence, the defendant, without waiving the right to offer evidence in the event that a motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then weigh the evidence, evaluate the credibility of witnesses and render judgment against the plaintiff even if the plaintiff has made out a prima facie case. Alternately, the court may decline to render any judgment until the close of all the evidence. If the court renders judgment on the merits against the plaintiff, the court shall make findings as provided in Rule 52(a). Unless the court in its order for dismissal otherwise specifies, a dismissal under this subdivision and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction, for improper venue, or for failure to join a party under Rule 19, operates as an adjudication upon the merits.
(c)Dismissal of Counterclaim, Cross-Claim, or Third-Party Claim. The provisions of this rule apply to the dismissal of any counterclaim, cross-claim, or third-party claim. A voluntary dismissal by the claimant alone pursuant to paragraph (1) of subdivision (a) of this rule shall be made before a responsive pleading is served or, if there is none, before the introduction of evidence at the trial or hearing.
(d)Costs of Previously Dismissed Action. If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the plaintiff has complied with the order.
(1)The court on its own motion or on motion of a party to the action may dismiss a case for want of prosecution if
(A)the case has been pending for more than one year without any proceedings having been taken, or
(B)the case has been pending for more than one year, and no trial or mandatory pretrial scheduling conference has been scheduled or held.
(2)The clerk shall review all pending cases semi- annually and in all cases that are subject to dismissal under (e)(1), the court shall hold a call of the calendar or the clerk shall send notice to the parties to show cause in writing why the action should not be dismissed.
(3)If good cause to the contrary is not shown at a call of the calendar or within sixty days after distribution of the notice, the court shall dismiss the action. The clerk may dismiss actions under this paragraph if a party has not opposed dismissal.
(4)A dismissal for want of prosecution is without prejudice unless the court states in the order that the case is dismissed with prejudice.
(5)If a case dismissed under this paragraph is filed again, the court may make such order for the payment of costs of the case previously dismissed as it may deem proper, and may stay the proceedings in the case until the party has complied with the order.
Amendment History
(Adopted by SCO 5 October 9, 1959; amended by SCO 239 effective March 1, 1976; by SCO 258 effective November 15, 1976; by SCO 465 effective June 1, 1981; by SCO 798 effective March 15, 1987; by SCO 834 effective August 1, 1987; by SCO 1153 effective July 15, 1994; by SCO 1266 effective July 15, 1997; by SCO 1283 effective September 2, 1997; by SCO 1361 effective October 15, 1999; and by SCO 1908 effective nunc pro tunc May 11, 2017)
Notes
Note: Chapter 6, SLA 2017 (HB 104) repeals AS 09.68.130 and its requirements that the Alaska Judicial Council collect information about certain civil litigation from parties. Section 1 of the act repeals Civil Rule 41(a)(3) and Appellate Rule 511(c) and (e), effective May 11, 2017. Those rule provisions had required compliance with AS 09.68.130. This rule change is adopted for the sole reason that the legislature has mandated the amendment. The added revision to paragraph (a)(1) of Rule 41 is to eliminate its reference o the now rescinded paragraph (a)(3).
Plain-English Summary
A plaintiff can dismiss a case without a court order either by filing a notice of dismissal before the defendant answers or moves for summary judgment, or by filing a stipulation signed by every party who has appeared. That kind of dismissal is without prejudice unless it says otherwise, except that dismissing the same claim a second time counts as a decision on the merits, barring the plaintiff from bringing it a third time. Once a defendant has answered or moved for summary judgment, the plaintiff needs a court order to dismiss, and if the defendant has already filed a counterclaim, the court can't dismiss over the defendant's objection unless the counterclaim can still be resolved on its own; a court-ordered dismissal is also without prejudice unless the order says otherwise. If a plaintiff who once dismissed a case later refiles the same claim against the same defendant, the court can order the plaintiff to pay the costs of the earlier case and can pause the new one until that's done.
A defendant can move to dismiss a case the plaintiff isn't prosecuting or isn't handling according to the rules or a court order. In a bench trial, once the plaintiff rests its case, the defendant can move to dismiss on the ground that the plaintiff hasn't shown a right to relief, and the court — acting as the fact-finder — can weigh the evidence and rule against the plaintiff even if a bare-minimum case was made, or wait until all the evidence is in before deciding. Except for a dismissal for lack of jurisdiction, improper venue, or failure to join a necessary party, an involuntary dismissal counts as a decision on the merits unless the court's order says otherwise. These same dismissal rules apply to counterclaims, cross-claims, and third-party claims.
A case can also be dismissed for lack of prosecution if it's been pending more than a year with no proceedings taken, or more than a year without a trial or mandatory pretrial scheduling conference having been set or held. The clerk reviews pending cases twice a year, and for any case that qualifies, the court holds a calendar call or the clerk sends the parties a notice to show cause why the case shouldn't be dismissed. If no good cause is shown at the calendar call, or within 60 days after the notice goes out, the court dismisses the case — the clerk can do it directly if no one objects — without prejudice unless the order says otherwise. If that case gets refiled, the court can again order payment of the earlier case's costs and stay the new case until that's done.
Frequently Asked Questions
Can a plaintiff drop a lawsuit without asking the court?
Yes, before the defendant answers or moves for summary judgment, or any time if every party who has appeared signs a stipulation; after that, dismissal needs a court order.
What happens if I dismiss the same claim twice?
The second dismissal of the same claim operates as a decision on the merits, which generally bars bringing that claim a third time.
Can my case get dismissed just for sitting inactive?
Yes — a case pending more than a year with no proceedings, or more than a year without a trial or required scheduling conference, can be dismissed for want of prosecution after a show-cause notice or calendar call.
Source & verification. The rule text, Amendment History, and Notes are reproduced verbatim from the
official Alaska Rules of Civil Procedure (Alaska R. Civ. P. 41). Prescribed by the Supreme Court of Alaska (Alaska Const. art. IV, § 15). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as:voluntary dismissal Alaska civil casetwo dismissal rule Alaskadismissal for want of prosecution Alaska ruleinvoluntary dismissal Alaska lawsuitAlaska R. Civ. P. 41