(1) By the Plaintiff.
(A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable 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 Rule 41(a)(2) is without prejudice.
(b) INVOLUNTARY DISMISSAL; EFFECT.
(1) By the Court.
(A) In General. If the plaintiff fails to prosecute or to comply with these rules or a court order:
(i) a defendant may move to dismiss the action or any claim against it; or
(ii) the court may, on its own initiative, enter an order dismissing the action or any claim.
(B) Result of Dismissal. An order dismissing a claim for failure to prosecute must specify that the dismissal is without prejudice, unless the court determines that the delay in prosecution of the claim has resulted in prejudice to an opposing party. Unless the dismissal order states otherwise or as provided elsewhere in these rules, a dismissal by the court—except a dismissal for lack of jurisdiction or for failure to join a party under Rule 19—operates as an adjudication on the merits.
(2) By the Clerk.
(A) In General. The clerk may, on his or her own initiative, and with written notice to the parties:
(i) in a case where there is only one defendant, dismiss the case for failure to file proof of service;
(ii) in a case where there are multiple defendants, dismiss any individual defendant for whom no proof of service has been filed;
(iii) dismiss a case for failure to comply with a court order requiring the filing of supplemental proof of service by a date certain, unless the court has ordered otherwise;
(iv) require a supplementation, for the judge or magistrate judge to consider, of any proof of service that is incomplete, unclear, or does not on its face adequately explain why the person allegedly served was authorized to accept service on behalf of the defendant; and
(v) dismiss a case when otherwise authorized by these rules or by a court order.
(B) Result of Dismissal. Unless a court order specifies otherwise, a dismissal by the clerk is without prejudice.
(3) Effect. Any order of dismissal entered by the court or the clerk under this rule does not take effect until 14 days after the date on which it is docketed and must be vacated upon the granting of a motion filed by the plaintiff within the 14-day period showing good cause why the case should not be dismissed.
(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.
Rule 41 sorts out the different ways a case can close before judgment. A plaintiff can dismiss on their own, without asking the court, by filing a notice before the other side answers or moves for summary judgment, or by filing a stipulation signed by everyone who has appeared. That kind of dismissal is without prejudice unless it says otherwise — with one sharp exception: dismiss the same claim a second time in any court, and the second notice counts as a final decision on the merits, closing the door on a third try. Once the case has moved past that early stage, a plaintiff who wants out needs a court order, and if a defendant pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the court will not let the plaintiff walk away over that defendant's objection unless the counterclaim can still be decided on its own.
Rule 41(b) covers dismissals nobody asked for. If a plaintiff drags a case out or ignores the rules or a court order, the defendant can move to dismiss, or the judge can dismiss the case on their own initiative. An order dismissing a case for failure to prosecute has to say the dismissal is without prejudice, unless the delay has harmed the other side — and, aside from dismissals for lack of jurisdiction or for leaving out a required party, a court-ordered dismissal otherwise counts as a decision on the merits unless the order says differently. The rule also lets the clerk step in on a narrower, more mechanical ground: missing proof that a defendant was ever served. With written notice to the parties, the clerk can dismiss a single-defendant case, or dismiss an individual defendant out of a multi-defendant case, when nobody has filed proof that person was served, or when a party ignores a court order to supplement incomplete proof of service.
Whatever the source, a dismissal under this rule does not take effect right away. It sits for 14 days after being docketed, and during that window the plaintiff can move to show good cause why the case should stay alive — a real second chance built into the rule rather than an appeal after the fact. Finally, Rule 41(d) protects a defendant who gets sued twice on the same claim: if the plaintiff dismissed once already and files again, the court can order the plaintiff to pay the costs of the earlier suit and can pause the new case until that's done.