Rule 41.Dismissal of actions.

Last verified July 1, 2026

In one sentenceRule 41 governs how a plaintiff may voluntarily dismiss an action, when a court may dismiss it involuntarily for failure to prosecute, and what effect each kind of dismissal has on a later suit.

Full Text of Rule 41

Text sizeJump to: (a) (b) (c) (d)

(a) Voluntary dismissal.

(1) By the plaintiff.

(A) On notice or order on stipulation. Subject to Rules 23(e), 23.1 (c), 23.2, 66(d), and any applicable statute, the plaintiff may dismiss an action:

(i) By filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or

(ii) By order based on a stipulation of dismissal signed by all parties who have appeared. The order may be signed by a judge, an authorized court commissioner, the clerk, or a deputy clerk.

(B) Effect. Unless the notice or order states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed an action in any court based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.

(2) By other 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 Rule 41(a)(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 Rule 41(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.

End

Amendment History

Promulgated by R-16-0010, effective January 1, 2017.

Plain-English Summary

A plaintiff who has not yet been met with an answer or a summary judgment motion may dismiss by filing a notice, or later by a stipulation signed by all parties who have appeared.

The two-dismissal rule gives voluntary dismissal real teeth: dismissing by notice is ordinarily without prejudice, but if the plaintiff has already dismissed an action once before based on the same claim, a second notice of dismissal operates as a decision on the merits, barring the claim for good. Involuntary dismissal for failing to prosecute or to follow the rules or a court order works the same way by default — it counts as a merits decision unless the court says otherwise, with narrow exceptions for dismissals based on jurisdiction, venue, or a missing necessary party under Rule 19.

Rule 41 also reaches counterclaims, crossclaims, and third-party claims, and it lets a court weigh in on costs: if a plaintiff who once dismissed a case turns around and refiles the same claim against the same defendant, the court may order the plaintiff to cover the costs of the earlier suit and pause the new one until that happens.

Frequently Asked Questions

Can a plaintiff dismiss a case without asking the court?

Yes, before the defendant serves an answer or a motion for summary judgment, the plaintiff may dismiss by filing a notice, or later by a stipulation signed by all parties who have appeared.

What happens if a plaintiff dismisses the same claim twice?

The second notice of dismissal operates as an adjudication on the merits, meaning the claim cannot be brought a third time.

Does an involuntary dismissal for failure to prosecute bar refiling the claim?

Generally yes — it counts as a decision on the merits unless the court's order says otherwise, except for dismissals based on jurisdiction, improper venue, or a missing necessary party.

Source & verification. The rule text and History are reproduced verbatim from the official Arizona Rules of Civil Procedure (Ariz. R. Civ. P. 41). Prescribed by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source

Also known as: voluntary dismissalinvoluntary dismissaltwo-dismissal rule