Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceTrial Rule 41 governs how a civil case can end early — through a plaintiff’s voluntary dismissal, a dismissal by court order, an involuntary dismissal at a bench trial or for failure to prosecute, and the limited circumstances allowing a dismissed case to come back.
(1)By plaintiff--By stipulation. Subject to contrary provisions of these rules or of any statute, an action may be dismissed by the plaintiff without order of 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 pre- judice, 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 the United States or of any state an action based on or including the same claim. The provisions of this subdivision shall not apply if the plaintiff in such action could not effectuate service of process, or otherwise procure adjudication on the merits.
(2)By order of court. Except as provided in subsection (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 or cross-claim has been pleaded by a defendant prior to the service upon him of the plaintiff’s motion to dis- miss, the action shall not be dismissed against the defendant’s objection unless the coun- terclaim or cross-claim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this subsection is without prejudice.
(B)Involuntary dismissal: Effect thereof. After the plaintiff or party with the burden of proof upon an issue, in an action tried by the court without a jury, has completed the presentation of his evidence thereon, the opposing party, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the weight of the evidence and the law there has been shown no right to relief. The court as trier of the facts may then determine them 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 or party with the burden of proof, the court, when requested at the time of the motion by either party shall make findings if, and as required by Rule 52(A). Unless the court in its order for dis- missal otherwise specifies, a dismissal under this subdivision or subdivision (E) of this rule and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction, 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 subsection (1) of sub- division (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.
(E)Failure to prosecute civil actions or comply with rules. Whenever there has been a failure to comply with these rules or when no action has been taken in a civil case for a period of sixty [60] days, the court, on motion of a party or on its own motion shall order a hearing for the purpose of dismissing such case. The court shall enter an order of dismissal at plaintiff’s costs if the plaintiff shall not show sufficient cause at or before such hearing. Dismissal may be withheld or reinstatement of dismissal may be made subject to the condition that the plaintiff comply with these rules and diligently pro- secute the action and upon such terms that the court in its discretion determines to be neces- sary to assure such diligent prosecution.
(F)Reinstatement following dismissal. For good cause shown and within a reasonable time the court may set aside a dismissal without prejudice. A dismissal with prejudice may be set aside by the court for the grounds and in accordance with the provisions of Rule 60(B).
Amendment History
This rule’s current text took effect January 1, 1994. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Rule 41(A) covers voluntary dismissal by the plaintiff. Early in a case — before the other side serves an answer or a summary judgment motion, whichever comes first — the plaintiff can end the case by filing a notice of dismissal, with no court order needed. The parties can also dismiss at any point by filing a stipulation signed by everyone who has appeared. Either way, the dismissal is without prejudice (meaning the plaintiff can refile) unless the notice or stipulation says otherwise, with one important exception: if this plaintiff already dismissed the same claim once before, in any Indiana or other U.S. court, a second notice of dismissal of that claim counts as a decision on the merits, closing the door on a third try — unless the plaintiff was unable, through no fault of its own, to get the case served or resolved the first time. Once that early window closes, a plaintiff needs a court order to dismiss voluntarily, on whatever terms the court sets, and if a defendant already filed a counterclaim or cross-claim, the case cannot be dismissed over that defendant’s objection unless the counterclaim or cross-claim can still be decided on its own.
Rule 41(B) addresses involuntary dismissal in a bench trial: once the plaintiff (or whichever party carries the burden on an issue) finishes presenting evidence, the other side can move to dismiss on the ground that the evidence and the law show no right to relief, without giving up the chance to put on its own evidence if the motion fails. The judge can rule right away or wait until all the evidence is in, and if either party asked for findings at the time of the motion, the court must make them under Rule 52(A) if it rules against the plaintiff. Unless the court says otherwise, a dismissal under this subsection — or for failure to prosecute under subsection (E), or any other dismissal the rule does not specifically address — counts as a decision on the merits, except a dismissal for lack of jurisdiction, which never does. Rule 41(C) extends all of this to counterclaims, cross-claims, and third-party claims, with a voluntary dismissal of one of those needing to happen before a response is served or, if none is required, before evidence comes in. Rule 41(D) lets a court order a plaintiff who is refiling a previously dismissed claim to pay the costs of the earlier case, and pause the new case until that happens. Rule 41(E) is the failure-to-prosecute provision: if a civil case sits with no action taken for 60 days, or a party is not following the rules, the court — on a motion or on its own — must hold a hearing on dismissal, and must dismiss at the plaintiff’s cost if the plaintiff cannot show sufficient cause by that hearing; the court can also hold off on dismissing, or reinstate a case it dismissed, on terms meant to keep the case moving. Finally, Rule 41(F) allows a dismissal without prejudice to be set aside for good cause within a reasonable time, while a dismissal with prejudice can only be undone through Rule 60(B).
Frequently Asked Questions
Can I dismiss my own lawsuit without asking the judge?
Yes, early on. Rule 41(A)(1) lets a plaintiff dismiss by filing a notice of dismissal before the other side serves an answer or a summary judgment motion, or at any time by filing a stipulation signed by every party who has appeared. After that early window closes, dismissal at the plaintiff’s request requires a court order.
What does it mean that a voluntary dismissal is “without prejudice”?
It means the case can be refiled later, since the dismissal does not decide anything about who was right. That is the default outcome under Rule 41(A) unless the notice, stipulation, or court order says otherwise.
Can I lose my right to sue again just by dismissing twice?
Yes, in one specific situation. If a plaintiff already dismissed an action based on the same claim once before, in any Indiana or other U.S. court, and then files a second notice of dismissal of that same claim, the second one counts as a decision on the merits — meaning it operates as if the case were fully litigated and lost, closing off a third filing, unless the plaintiff was unable, through no fault of its own, to get the earlier case served or decided.
What happens if my case sits without any activity for a long time?
Under Rule 41(E), a civil case with no action taken for 60 days can trigger a hearing on dismissal, held on a party’s motion or on the court’s own initiative. If the plaintiff cannot show sufficient cause at or before that hearing, the court must dismiss the case at the plaintiff’s cost.
Can a dismissed case be brought back?
It depends on the type of dismissal. A dismissal without prejudice can be set aside by the court for good cause shown, as long as the request comes within a reasonable time. A dismissal with prejudice can only be set aside under the specific grounds and procedure of Rule 60(B).
If the judge dismisses my case partway through a bench trial, does that end my claim for good?
Usually, yes. Rule 41(B) provides that unless the court says otherwise, this kind of dismissal counts as a decision on the merits — with the exception of a dismissal for lack of jurisdiction, which never counts as a merits decision and does not bar refiling on that basis.
Does Rule 41 apply to a counterclaim or cross-claim, not just the plaintiff’s complaint?
Yes. Rule 41(C) applies the same dismissal rules to counterclaims, cross-claims, and third-party claims, though a voluntary dismissal of one of those must happen before a response is served or, if none is required, before evidence is introduced.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 41). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. ·
Official source
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