Current through May 1, 2026 · Last verified July 6, 2026
In one sentenceRule 2.504 lets a plaintiff voluntarily dismiss a case early without a court order, but treats a second voluntary dismissal of the same claim as a final adjudication on the merits, requires a court order for any later voluntary dismissal, and governs when an involuntary dismissal (for a rule violation or a failed case at trial) counts as a decision on the merits.
(1)By Plaintiff; by Stipulation. Subject to the provisions of MCR 2.420 and MCR 3.501(E), an action may be dismissed by the plaintiff without an order of the court and on the payment of costs
(a)by filing a notice of dismissal before service by the adverse party of an answer or of a motion under MCR 2.116, whichever first occurs; or
(b)by filing a stipulation of dismissal signed by all the parties. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a dismissal under subrule (A)(1)(a) operates as an adjudication on the merits when filed by a plaintiff who has previously dismissed an action in any court based on or including the same claim.
(2)By Order of Court. Except as provided in subrule (A)(1), an action may not be dismissed at the plaintiff's request except by order of the court on terms and conditions the court deems proper.
(a)If a defendant has pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the court shall not dismiss the action over the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court.
(b)Unless the order specifies otherwise, a dismissal under subrule (A)(2) is without prejudice.
(1)If a party fails to comply with these rules or a court order, upon motion by an opposing party, or sua sponte, the court may enter a default against the noncomplying party or a dismissal of the noncomplying party’s action or claims.
(2)In an action, claim, or hearing tried without a jury, after the presentation of the plaintiff's evidence, the court, on its own initiative, may dismiss, or the defendant, without waiving the defendant’s right to offer evidence if the motion is not granted, may move for dismissal on the ground that on the facts and the law, the plaintiff has no right to relief. The court may then determine the facts and render judgment against the plaintiff, or may decline to render judgment until the close of all the evidence. If the court renders judgment on the merits against the plaintiff, the court shall make findings as provided in MCR 2.517.
(3)Unless the court otherwise specifies in its order for dismissal, a dismissal under this subrule or a dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction or for failure to join a party under MCR 2.205, operates as an adjudication on the merits.
(C)Dismissal of Counterclaim, Cross-Claim, or Third-Party Claim. This rule applies to the dismissal of a counterclaim, cross-claim, or third-party claim. A voluntary dismissal by the claimant alone, pursuant to subrule (A)(1), must be made before service by the adverse party of a responsive pleading or a motion under MCR 2.116, or, if no pleading or motion is filed, before the introduction of evidence at the trial.
(D)Costs of Previously Dismissed Action. If a plaintiff who has once dismissed an action in any court commences an action based on or including the same claim against the same defendant, the court may order the payment of such costs of the action previously dismissed as it deems proper and may stay proceedings until the plaintiff has complied with the order.
(E)Dismissal for Failure to Serve Defendant. An action may be dismissed as to a defendant under MCR 2.102(E).
Amendment History
Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.
Plain-English Summary
Early in a case, before the defendant answers or moves under Rule 2.116, a plaintiff can dismiss the whole action just by filing a notice, no judge's signature required, or the parties can jointly file a stipulated dismissal at any point. Either way the dismissal is generally without prejudice — unless the notice or stipulation says otherwise — with one sharp exception: if the same plaintiff has already dismissed an action based on the same claim once before, in any court, this kind of notice dismissal counts as a full adjudication on the merits the second time around, closing the door on a third try. Once the window for a no-order dismissal has closed, the plaintiff needs the court's permission, on terms the court thinks proper, and if the defendant has already pleaded a counterclaim before being served with the dismissal motion, the court can't dismiss the plaintiff's case over the defendant's objection unless that counterclaim can still be adjudicated on its own.
Involuntary dismissal covers different ground: if a party ignores the rules or a court order, the court can enter a default or dismiss that party's claims, on motion or on its own initiative. In a bench trial, once the plaintiff has put on its evidence, the defendant can move for dismissal on the ground that the plaintiff hasn't shown a right to relief on the facts and the law, without giving up the right to put on its own evidence if the motion fails; the court can rule right away or wait until all the evidence is in, and a judgment against the plaintiff on the merits requires the court to make findings under Rule 2.517. Unless the court says otherwise, most involuntary dismissals operate as adjudications on the merits, with two notable exceptions carved out: a dismissal for lack of jurisdiction, and a dismissal for failing to join a necessary party. The same basic framework applies to a voluntarily dismissed counterclaim, cross-claim, or third-party claim, and a plaintiff who refiles a once-dismissed claim can be made to pay the costs of the earlier, dismissed action before the new one proceeds.
Frequently Asked Questions
Can I dismiss my own lawsuit without asking the judge?
Yes, early on — before the defendant answers or moves under Rule 2.116 — by filing a notice of dismissal, or at any point by filing a stipulation signed by all the parties.
What happens if I dismiss the same claim twice this way?
The second notice dismissal of an action based on the same claim operates as a full adjudication on the merits, meaning you generally can't bring that claim a third time.
Does an involuntary dismissal count as a final decision against me?
Generally yes, unless the court specifies otherwise, with two key exceptions: a dismissal for lack of jurisdiction and a dismissal for failure to join a necessary party don't operate as adjudications on the merits.
Can the court dismiss my case if the defendant already filed a counterclaim?
Not over the defendant's objection, if the counterclaim was pleaded before you moved to dismiss, unless the counterclaim can still be independently adjudicated by the court.
Source & verification. The rule text is reproduced verbatim from the
official Michigan Court Rules (MCR 2.504). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as:voluntary dismissal Michigantwo dismissal rule Michiganinvoluntary dismissal Michigandismissal on the merits Michigan