Last amended July 1, 2010 · Last verified July 28, 2026
In one sentenceK.S.A. 60-241 lets a plaintiff voluntarily dismiss without a court order before an answer or summary-judgment motion is served or by stipulation, otherwise requires court approval, treats a second dismissal of the same claim as an adjudication on the merits, and lets the court dismiss involuntarily for failure to prosecute after notice.
(A)Without a court order. Subject to subsection (e) of K.S.A. 60-223, 60-223a and 60-223b, and amendments thereto, and any applicable state 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. When the dismissal is by stipulation, the clerk of the court must enter an order of dismissal as a matter of course.
(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 paragraph (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 is without prejudice.
(1)If the plaintiff fails to prosecute or to comply with this chapter 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 paragraph and any dismissal not under this section, except one for lack of jurisdiction, improper venue or failure to join a party under K.S.A. 60-219, and amendments thereto, operates as an adjudication on the merits.
(2)On its own, the court may dismiss a case without prejudice for lack of prosecution, but only after notice to counsel of record, not less than 14 days prior to the intended dismissal, that an order of dismissal will be entered unless cause is shown for not doing so.
(c)Dismissing a counterclaim, crossclaim or third-party claim. This section applies to a dismissal of any counterclaim, crossclaim or third-party claim. A claimant's voluntary dismissal under subsection (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 proceedings until the plaintiff has complied.
Amendment History
L. 1963, ch. 303, 60-241; amended by Supreme Court order dated July 17, 1969; L. 1980, ch. 171, § 2; L. 1997, ch. 173, § 22; L. 2010, ch. 135, § 110; July 1.
Plain-English Summary
A plaintiff can walk away from a case without asking the court's permission in two situations: filing a notice of dismissal before the opposing party serves an answer or a motion for summary judgment, or filing a stipulation of dismissal signed by every party who has appeared -- in which case the clerk enters the dismissal as a matter of course. Unless the notice or stipulation says otherwise, that dismissal is without prejudice, with one sharp exception: if the plaintiff previously dismissed a federal or state action based on or including the same claim, this second notice of dismissal operates as an adjudication on the merits, meaning the claim can't be filed a third time. Outside those two routes, a plaintiff needs a court order to dismiss, on whatever terms the court finds proper, and if a defendant has already pleaded a counterclaim, the case can only be dismissed over that defendant's objection if the counterclaim can stand on its own for independent adjudication.
Involuntary dismissal runs the other direction. If a plaintiff fails to prosecute the case or comply with the civil-procedure chapter or a court order, a defendant can move to dismiss the action or any claim against it. Unless the court says otherwise, that dismissal -- and any dismissal not covered elsewhere in the section, apart from one for lack of jurisdiction, improper venue, or failure to join a party under K.S.A. 60-219 -- operates as an adjudication on the merits. The court can also dismiss on its own for lack of prosecution, but only after giving counsel of record at least 14 days' notice that dismissal is coming unless cause is shown against it.
The same voluntary-dismissal mechanics extend to a counterclaim, crossclaim, or third-party claim, though the timing shifts: a claimant dismissing without a court order has to do it before a responsive pleading is served, or, if none is required, before evidence comes in at a hearing or trial. And if a plaintiff who already dismissed one action turns around and files another based on the same claim against the same defendant, the court can order the plaintiff to pay all or part of the costs from that earlier case and can stay the new proceedings until that payment is made.
Frequently Asked Questions
Can I dismiss my own lawsuit without asking the judge first?
Yes, in two situations. K.S.A. 60-241(a)(1)(A) allows a notice of dismissal filed before the opposing party serves an answer or a motion for summary judgment, or a stipulation of dismissal signed by every party who has appeared.
If I dismiss my case, can I refile it later?
Usually, since the dismissal is without prejudice unless the notice or stipulation states otherwise. But if you previously dismissed a federal or state action based on the same claim, subsection (a)(1)(B) makes this second notice of dismissal operate as an adjudication on the merits, barring a refiling.
Can my case get dismissed if I stop pursuing it?
Yes. Subsection (b)(1) lets a defendant move to dismiss for failure to prosecute or comply with the rules or a court order, and subsection (b)(2) lets the court dismiss on its own for lack of prosecution after giving counsel at least 14 days' notice.
Does an involuntary dismissal count as a final ruling on my claim?
Generally yes. Subsection (b)(1) states that a dismissal under that paragraph, and any dismissal not otherwise covered by this section, operates as an adjudication on the merits unless the court says otherwise -- except for dismissals for lack of jurisdiction, improper venue, or failure to join a party under K.S.A. 60-219.
What if the defendant already filed a counterclaim when I try to dismiss my case?
Subsection (a)(2) requires a court order in that situation, and if the defendant objects, the court can dismiss the plaintiff's action only if the counterclaim can remain pending for independent adjudication.
Source & verification. Section text is reproduced verbatim from the
Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026.
· Official source
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