Part I · Rule 67: Dismissal of Civil Actions · Last amended January 1, 2007 · Last verified July 22, 2026
In one sentenceRule 67.02 lets a plaintiff dismiss a civil action without a court order before the jury is sworn or before evidence is introduced at a bench trial, but limits a second dismissal of the same claim and lets courts impose cost conditions on a late dismissal.
(a)Except as provided in Rule 52, a civil action may be dismissed by the plaintiff without order of the court anytime:
(1)Prior to the swearing of the jury panel for the voir dire examination, or
(2)In cases tried without a jury, prior to the introduction of evidence at the trial. A party who once so dismisses a civil action and thereafter files another civil action upon the same claim shall be allowed to dismiss the same without prejudice only:
(1)Upon filing a stipulation to that effect signed by the opposing party, or
(2)On order of the court made on motion in which the ground for dismissal shall be set forth.
(b)Except as provided in Rule 67.02(a), an action shall not be dismissed at the plaintiff’s instance except upon order of the court upon such terms and conditions as the court deems proper.
(c)A voluntary dismissal under Rule 67.02(a) shall be without prejudice unless otherwise specified by the plaintiff. Any other voluntary dismissal shall be without prejudice unless otherwise specified by the court or the parties to the dismissal.
(d)If a plaintiff who has once dismissed a civil action in any court commences a civil action based upon or including the same claim against the same defendant, the court may make an order for the payment of any unpaid costs of the civil action previously dismissed. In addition, if the plaintiff dismissed the previous civil action without prejudice within ten days of the date set for trial, the court may make an order for the payment of witness and other expenses, not including attorney fees, incurred by any other party that are caused to be incurred for the second trial because of the dismissal without pejudice of the previous civil action. The court may stay the proceedings in the civil action until the plaintiff has complied with any such order.
Amendment History
Amended Jan. 19, 1973, eff. Sept. 1, 1973; June 1, 1993, eff. Jan. 1, 1994; Sept. 28, 1993, eff. Jan. 1, 1994; Aug. 21, 2001, eff. July 2, 2002; June 13, 2002, eff. July 1, 2002. Amended June 27, 2006, eff. January 1, 2007.
Plain-English Summary
Rule 67.02 gives a plaintiff a narrow, unilateral right to walk away from a lawsuit. Except as Rule 52 otherwise provides, before the jury panel is sworn for voir dire, or before evidence comes in at a trial without a jury, the plaintiff can dismiss the case without asking the court's permission and without the defendant's consent. Miss that window, and dismissal requires a court order on whatever terms the court thinks proper.
That unilateral right isn't unlimited. If a plaintiff dismisses a claim this way and later files another lawsuit on the same claim, dismissing that second lawsuit without prejudice takes either a signed stipulation from the opposing party or a court order stating the grounds. This stops a plaintiff from repeatedly filing and dismissing the same claim to avoid a ruling on the merits.
Unless the plaintiff or the court says otherwise, a voluntary dismissal under this rule is without prejudice. The rule also gives courts a tool tied to refiling after a dismissal: whenever a plaintiff who has once dismissed a civil action files another one on the same claim against the same defendant, the court may order payment of any unpaid costs from the earlier case, regardless of when that dismissal happened. If the earlier dismissal was without prejudice and came within ten days of the scheduled trial date, the court may also order payment of witness and other expenses (not attorney fees) caused by having to redo the trial. The court can stay the new case until those amounts are paid.
Frequently Asked Questions
When can a plaintiff dismiss a case without the court's permission?
Except as Rule 52 otherwise provides, before the jury panel is sworn for voir dire, or, in a case tried without a jury, before evidence is introduced at trial.
What happens if I want to dismiss the same claim a second time?
A second voluntary dismissal without prejudice on the same claim requires either a signed stipulation from the opposing party or a court order stating the grounds for dismissal.
Is a voluntary dismissal automatically without prejudice?
Yes, under Rule 67.02(a) it's without prejudice unless the plaintiff specifies otherwise; other voluntary dismissals are without prejudice unless the court or the parties say otherwise.
Can the court make me pay the other side's expenses if I dismiss and refile?
Refiling after any prior dismissal of the same claim can lead the court to order payment of the unpaid costs of the earlier case. If that earlier dismissal was without prejudice and came within ten days of the scheduled trial date, the court may also order payment of witness or other expenses (excluding attorney fees) caused by the need for a second trial.
Does the plaintiff need the defendant's consent to dismiss before trial starts?
No — within the window set by Rule 67.02(a), the plaintiff can dismiss without an order of the court and without the defendant's consent.
Does this rule apply to counterclaims?
Yes, Rule 67.04 makes Rule 67.02 applicable to the dismissal of a counterclaim, cross-claim, or third-party claim.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as:voluntary dismissal ruledismissing a lawsuit before trialone free dismissaldismissal costs on refilingdismiss before jury sworn