(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 a notice of intention to defend, or if the notice of dismissal specifies that it is with prejudice, at any time before judgment, or (2) a stipulation of dismissal signed by all parties to the claim being dismissed.
Rule 3-506.Voluntary dismissal
District Court · Last amended January 1, 2006 · Last verified July 13, 2026
In one sentenceRule 3-506 spells out how, and until when, a party can drop its own claim in District Court without the court's permission, and what happens after it does.
Full Text of Rule 3-506
(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.
(d) Effect on claim. — 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) Effect on counterclaim. — If a counterclaim has been pleaded before the filing of a notice of dismissal or motion for voluntary dismissal, the dismissal of the action shall not affect the continued pendency of the counterclaim.
(f) 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; amended Nov. 8, 2005, effective Jan. 1, 2006.
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 from Rule 541 b and the 1968 version of Fed. R. Civ. P. 41 (a)(2).
Section (d) is derived from former M.D.R. 541 b.
Section (e) is derived from former Rule 541 b and the 1968 version of Fed. R. Civ. P. 41 (a)(2).
Section (f) is derived from former Rules 541 d and 582 b.
Plain-English Summary
A party who filed a claim — whether a complaint, counterclaim, cross-claim, or third-party claim — can walk away from it without asking the court's permission, but only within certain windows. A notice of dismissal works before the opposing party files a notice of intention to defend; once that deadline passes, dismissing without a court order requires either the opposing party's written agreement (a stipulation signed by all parties to the claim) or a notice of dismissal that specifically says it is with prejudice, which can be filed any time before judgment.
Dismissing a claim does not automatically end the case for good. Unless the notice, stipulation, or order says otherwise, the dismissal is without prejudice — the claim can be refiled. There is one exception built into the rule: 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 a decision on the merits and bars refiling. And if the dismissal comes after a settlement on written stipulated terms, either party can come back later and ask the court to reopen the case to enforce those terms.
Dismissal does not necessarily wipe out everything in the case. A counterclaim that was already pending when the claim is dismissed keeps going regardless of what happens to the original claim. And unless a stipulation or court order says otherwise, the party who dismisses is on the hook for the costs of the action, or the part of it that was dismissed.
Frequently Asked Questions
Can I dismiss my own District Court claim without the judge's approval?
Yes, within limits. You can file a notice of dismissal any time before the other side files a notice of intention to defend, or a signed stipulation of dismissal at any point if every party to the claim agrees. After that, dismissing without a court order requires the notice to state that it is with prejudice.
If I dismiss my case, can I file it again later?
Usually, yes — a dismissal is without prejudice unless the notice, stipulation, or court order says otherwise. The one trap: if you have already dismissed this same claim once before in any court of any state or in any federal court, dismissing it again by notice counts as a ruling on the merits and blocks a third attempt.
What happens to a counterclaim if the main claim gets dismissed?
It keeps going. A counterclaim pending before the dismissal is filed is not affected by the dismissal of the original claim.
Who pays the costs when a case is voluntarily dismissed?
Unless a stipulation or court order provides otherwise, the party who dismisses the claim pays the costs of the action, or of whatever part was dismissed.
We settled and the case was dismissed. What if the other side doesn't follow through?
If the case was dismissed based on written stipulated terms, any party to the settlement can ask the court to reopen the case at any time to enforce those terms through a judgment or other relief.
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
Also known as: dropping a district court case marylandnotice of dismissalvoluntary dismissal with prejudicestipulation of dismissalreopening a settled caseMD Rule 3-506