A judgment dismissing an action without prejudice shall be rendered upon application of the plaintiff and upon his payment of all costs, if the application is made prior to any appearance of record by the defendant. If the application is made after such appearance, the court may refuse to grant the judgment of dismissal except with prejudice.
Art. 1671.Voluntary Dismissal
Book II. Ordinary Proceedings · Title V. Trial · Chapter 5. Dismissal · Enacted 1997 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 1671 lets a plaintiff dismiss an action without prejudice as of right, by paying all costs, as long as the defendant has not yet appeared in the case, but once the defendant has appeared, the court may refuse to grant anything but a dismissal with prejudice.
Full Text of Art. 1671
Amendment History
Acts 1997, No. 578, §1.
Plain-English Summary
Before the defendant has appeared in a case, Article 1671 lets the plaintiff walk away from the suit without needing the defendant's consent or the court's approval, as long as the plaintiff pays all costs. That dismissal is without prejudice, so the plaintiff can bring the same claim again later.
Once the defendant has made an appearance of record, having already invested time responding to the suit, the balance shifts. The court can refuse to grant a without-prejudice dismissal and instead insist that, if it is going to dismiss the case at the plaintiff's request at all, the dismissal will be with prejudice, closing the door on a plaintiff who might otherwise use voluntary dismissal to dodge an unfavorable turn in the litigation and start over.
Article 1673 spells out exactly what a dismissal with or without prejudice means for a later suit on the same claim.
Frequently Asked Questions
Can a plaintiff dismiss a Louisiana lawsuit without the defendant's permission?
Yes, without prejudice and as of right, upon paying all costs, as long as it is done before the defendant has appeared in the case.
What changes once the defendant has appeared in the case?
The court may refuse to grant a without-prejudice dismissal and instead require that any dismissal be with prejudice.
Does a plaintiff have to pay anything to voluntarily dismiss a case?
Yes. Payment of all costs is required for a dismissal without prejudice under Article 1671.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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