(a) By notice of dismissal or stipulation. — Except as otherwise provided in these rules or by statute, a party who has filed a complaint, counterclaim, cross-claim, or third-party claim may dismiss all or part of the claim without leave of court by filing (1) a notice of dismissal at any time before the adverse party files an answer or (2) a stipulation of dismissal signed by all parties to the claim being dismissed.
Rule 2-506.Voluntary dismissal
Circuit Court · Last amended July 1, 2019 · Last verified July 13, 2026
In one sentenceRule 2-506 explains how a party can voluntarily drop its own claim in a Maryland circuit court case, either without a court order or with one, and what that dismissal means going forward.
Full Text of Rule 2-506
(b) Dismissal Upon Stipulated Terms. — If an action is settled upon written stipulated terms and dismissed, the action may be reopened at any time upon request of any party to the settlement to enforce the stipulated terms through the entry of judgment or other appropriate relief.
(c) By order of court. — Except as provided in section (a) of this Rule, a party who has filed a complaint, counterclaim, cross-claim, or third-party claim may dismiss the claim only by order of court and upon such terms and conditions as the court deems proper. If a counterclaim has been filed before the filing of a plaintiff’s motion for voluntary dismissal, the action shall not be dismissed over the objection of the party who filed the counterclaim unless the counterclaim can remain pending for independent adjudication by the court. If a third-party claim has been filed before the filing of a plaintiff’s motion for voluntary dismissal, the court, in its discretion, may dismiss the action over the objection of the party who filed the third-party claim, but the court may not dismiss a third-party claim that is non-derivative and, if refiled, would be barred by an applicable statute of limitations.
(d) Effect. — Unless otherwise specified in the notice of dismissal, stipulation, or order of court, a dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a party who has previously dismissed in any court of any state or in any court of the United States an action based on or including the same claim.
(e) Costs. — Unless otherwise provided by stipulation or order of court, the dismissing party is responsible for all costs of the action or the part dismissed.
Amendment History
Amended Nov. 12, 2003, effective Jan. 1, 2004; Nov. 8, 2005, effective Jan. 1, 2006; Nov. 21, 2013, effective Jan. 1, 2014; March 3, 2015, effective July 1, 2015; May 15, 2019, effective July 1, 2019.
Committee Note & Source
Source. This Rule is derived as follows:
Section (a) is derived in part from the 1968 version of Fed. R. Civ. P. 41 (a) (1) and is in part new.
Section (b) is new.
Section (c) is derived in part from former Rule 541 b and the 1968 version of Fed. R. Civ. P 41(a)(2) and is in part new.
Section (d) is derived from former Rule 541 c.
Section (e) is derived from former Rules 541 d and 582 b.
Plain-English Summary
A party who filed a complaint, counterclaim, cross-claim, or third-party claim can dismiss all or part of it without asking the court, either by filing a notice of dismissal before the other side answers, or by filing a stipulation signed by everyone involved in that claim. If a case settles on written stipulated terms and gets dismissed, any party to the settlement can later ask to reopen the case to enforce those terms. Once an answer has been filed, dismissal instead needs a court order on whatever terms the court thinks proper — and the court can't dismiss over the objection of a party who filed a counterclaim unless that counterclaim can still go forward on its own. A third-party claim gets a bit more protection: the court has discretion to dismiss the main action despite a third-party claimant's objection, but it can't wipe out a non-derivative third-party claim that would be barred by limitations if the claimant had to refile it.
Unless the notice, stipulation, or order says otherwise, a voluntary dismissal is without prejudice — with one notable exception. If a party files a notice of dismissal for a claim it has already dismissed once before, in any court of any state or in any federal court, that second notice operates as an adjudication on the merits, closing the door on refiling. Costs of the dismissed action or claim fall on the party who dismissed it, unless a stipulation or court order says someone else pays.
Frequently Asked Questions
Can a plaintiff dismiss a case without asking the court?
Yes, in two situations: by filing a notice of dismissal before the opposing party answers, or by filing a stipulation of dismissal signed by everyone involved in the claim. After an answer is filed, dismissal instead requires a court order.
What is the effect of dismissing the same claim twice?
A notice of dismissal is normally without prejudice, but if a party has already dismissed the same claim once before in any court of any state or in any federal court, a second notice of dismissal counts as an adjudication on the merits — meaning the claim can't be refiled.
Can a defendant with a counterclaim block a plaintiff's voluntary dismissal?
If the defendant filed the counterclaim before the plaintiff moved to dismiss, the court can't dismiss the action over the defendant's objection unless the counterclaim can still be independently adjudicated by the court.
What about a pending third-party claim?
The court has discretion to dismiss the action even over the third-party claimant's objection, but it can't dismiss a non-derivative third-party claim if refiling it would now be barred by the statute of limitations.
Who pays the costs when a case is voluntarily dismissed?
The dismissing party bears the costs of the action or the dismissed part of it, unless a stipulation or court order assigns costs differently.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
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