Rule 41.Dismissal of Actions

Last amended December 1, 2007 · Last verified June 30, 2026

In one sentenceRule 41 governs dismissals: a plaintiff may voluntarily dismiss without a court order before the opponent answers or moves for summary judgment, the court may dismiss for failure to prosecute or obey the rules, and a second dismissal of the same claim counts as a decision on the merits.

Full Text of Rule 41

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

(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 applicable federal 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 this paragraph (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 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.

(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

(Amended December 27, 1946, effective March 19, 1948; January 21, 1963, effective July 1, 1963; February 28, 1966, effective July 1, 1966; December 4, 1967, effective July 1, 1968; March 2, 1987, effective August 1, 1987; April 30, 1991, effective December 1, 1991; April 30, 2007, effective December 1, 2007.)

Plain-English Summary

Rule 41 covers the ways a case ends short of judgment. A plaintiff may voluntarily dismiss the action without a court order by filing a notice before the opposing party serves an answer or a motion for summary judgment, or by a stipulation signed by all parties; otherwise dismissal requires a court order on terms the court considers proper.

A voluntary dismissal is ordinarily without prejudice — but if the plaintiff previously dismissed any federal or state action based on or including the same claim, a notice of dismissal this time operates as an adjudication on the merits (the two-dismissal rule). The rule also provides for involuntary dismissal: if a plaintiff fails to prosecute or to comply with the rules or a court order, the defendant may move to dismiss, and such a dismissal operates as a decision on the merits unless the dismissal order says otherwise — except a dismissal for lack of jurisdiction, improper venue, or failure to join a Rule 19 party, which is never on the merits regardless of what the order says. Separate provisions address counterclaims and dismissals’ effect.

Frequently Asked Questions

Can a plaintiff dismiss their own lawsuit?

Yes. Under Rule 41(a), a plaintiff may voluntarily dismiss by notice before the opponent answers or moves for summary judgment, or by stipulation of all parties; otherwise a court order is needed.

What is the two-dismissal rule?

If a plaintiff has already once dismissed an action on the same claim, a second notice of dismissal operates as an adjudication on the merits — that is, with prejudice (Rule 41(a)(1)(B)).

What is an involuntary dismissal?

A dismissal the court orders when a plaintiff fails to prosecute or to obey the rules or a court order; it operates as a decision on the merits unless the order says otherwise (Rule 41(b)).

Does a dismissal for lack of jurisdiction or improper venue count as a decision on the merits?

No. Rule 41(b) carves out dismissals for lack of jurisdiction, improper venue, or failure to join a required party under Rule 19 — those are never treated as on-the-merits dismissals, no matter what the dismissal order says.

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 41), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 41Fed. R. Civ. P. 41dismissal of actionsvoluntary dismissalinvoluntary dismissaltwo-dismissal rule