The provisions of Rule 41 apply to the dismissal of any counterclaim, cross claim, or third-party claim. A voluntary dismissal by the claimant alone pursuant to paragraph (1) of Rule 41.01 shall be made before a responsive pleading is served or, if there is none, before the introduction of evidence at the trial or hearing.
Rule 41.03.Dismissal of counterclaim, cross claim or third-party claim.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 41.03 extends Rule 41's dismissal provisions to counterclaims, cross claims, and third-party claims, and requires that a claimant's own voluntary dismissal happen before a responsive pleading is served or, if none is filed, before evidence is introduced at trial or hearing.
Full Text of Rule 41.03
Amendment History
(Amended October 18, 1977, effective January 1, 1978.)
Plain-English Summary
Rule 41.03 makes clear that dismissal is not just for plaintiffs against defendants. The same provisions in Rule 41 that govern dismissing a plaintiff's action apply equally to a counterclaim, a cross claim, or a third-party claim.
There is one timing difference for a voluntary dismissal by the claimant alone. Rather than the answer-or-summary-judgment-motion cutoff that applies to a plaintiff's notice of dismissal under Rule 41.01(1), a claimant dismissing a counterclaim, cross claim, or third-party claim must do so before a responsive pleading is served, or, if no responsive pleading is required, before evidence is introduced at the trial or hearing.
Frequently Asked Questions
Do the same dismissal rules apply to a counterclaim in Kentucky?
Yes. Rule 41.03 applies Rule 41's dismissal provisions to counterclaims, cross claims, and third-party claims the same way they apply to a plaintiff's action.
By when must a party voluntarily dismiss its own counterclaim in Kentucky?
Before a responsive pleading to the counterclaim is served. If no responsive pleading is required, the claimant must dismiss before evidence is introduced at the trial or hearing.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 41.03). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: dismiss counterclaim kentuckycross claim dismissal ky cr 41.03third party claim voluntary dismissalky cr 41.03withdraw counterclaim before trial