Title VI: Alternative Dispute Resolution and Trial · Last amended July 1, 2017 · Last verified July 14, 2026
In one sentenceRule 41 governs how a plaintiff or defendant can end a civil action -- voluntarily by notice, stipulation, or court order, or involuntarily for failure to prosecute -- and specifies which dismissals count as a final adjudication on the merits.
(A)Without a Court Order. Subject to Rules 73, and 77(e) 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 state or federal 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 subsection (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 subsection (2) is without prejudice.
(1)Failure to prosecute or comply with rules. 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.
(2)Dismissal in court trial. In an action tried without a jury, after presentation of plaintiff's evidence, the defendant, without waiving the right to offer evidence in the event the 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 may then determine the facts and render judgment against the plaintiff or 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 must make findings as provided in Rule 52.
(3)Effect of dismissal. Unless the dismissal order states otherwise, a dismissal under this subsection (b) and any dismissal not under this rule, except one for lack of jurisdiction 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.
(e)Dismissal of inactive cases. Any action, appeal or proceeding, except for guardianships, conservatorships, and probate proceedings, in which no action has been taken for a period of 90 days may be dismissed unless there is a showing of good cause for retention.
(1)Dismissal pursuant to this rule is with prejudice in the case of appeals and without prejudice as to all other matters.
(2)At least 14 days prior to such dismissal, the clerk must give notice of the pending dismissal to all parties or their attorneys of record.
Amendment History
(Adopted March 1, 2016, effective July 1, 2016; amended May 5, 2017, effective July 1, 2017.)
Plain-English Summary
Rule 41 lets a plaintiff walk away from a case without a fight, but only within limits. Before the other side answers or moves for summary judgment, a plaintiff can dismiss by filing a simple notice, or at any point if every appearing party signs a stipulation. That kind of dismissal is without prejudice -- unless the plaintiff already dismissed the same claim once before, in which case the second notice of dismissal counts as a decision on the merits and blocks a third try. Once the case has moved further along, dismissal at the plaintiff's request needs a court order, and if the defendant has already filed a counterclaim, the court cannot dismiss the plaintiff's claims over the defendant's objection unless that counterclaim can still be resolved on its own.
The rule also covers dismissal the plaintiff does not want. A defendant can move to dismiss when the plaintiff fails to prosecute the case or comply with the rules or a court order, and in a bench trial, a defendant can move to dismiss after the plaintiff's evidence is in, arguing the plaintiff has not shown a right to relief. Unless the court says otherwise, most involuntary dismissals -- and most dismissals not covered by this rule at all -- count as a decision on the merits, with two carve-outs: dismissals for lack of jurisdiction and dismissals for failing to join a required party. If a plaintiff who dismissed once refiles the same claim, the court can make the plaintiff pay the costs of the earlier case and pause the new one until that happens. And courts clear their own dockets under Rule 41(e): a case sitting idle for 90 days, other than a guardianship, conservatorship, or probate matter, can be dismissed unless someone shows good cause to keep it alive, though the clerk has to give 14 days' notice first.
Frequently Asked Questions
Can I dismiss my own lawsuit without asking the court's permission?
Yes, in two situations: before the other side files an answer or a summary judgment motion, by filing a notice of dismissal, or at any later point if every party who has appeared signs a stipulation of dismissal. Outside those situations, dismissing at your own request requires a court order.
What is the effect of dismissing the same claim twice?
The first voluntary dismissal by notice is ordinarily without prejudice, meaning the claim can be refiled. But if you previously dismissed a state or federal action based on the same claim, a second notice of dismissal operates as an adjudication on the merits -- it bars refiling a third time.
Can a defendant get a case dismissed for failure to prosecute?
Yes. If the plaintiff fails to move the case along or comply with the rules or a court order, the defendant can move to dismiss the action or a specific claim against it under Rule 41(b)(1).
Does an involuntary dismissal count as a final decision on the merits?
Usually, unless the dismissal order says otherwise. The two exceptions are a dismissal for lack of jurisdiction and a dismissal for failing to join a party required under Rule 19 -- neither of those bars refiling elsewhere.
Can a case be dismissed just for sitting inactive too long?
Yes. Rule 41(e) allows dismissal of any action, appeal, or proceeding -- except guardianships, conservatorships, and probate matters -- where nothing has happened for 90 days, unless good cause is shown to keep it open. The clerk must give the parties 14 days' notice before that dismissal happens.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
Also known as:voluntary dismissal idahonotice of dismissal idaho civiltwo dismissal rule idahodismissal for failure to prosecutedismissal of inactive case idahostipulation of dismissal