The provisions of Rules 67.01, 67.02, 67.03 and 67.05 apply to the dismissal of any counterclaim, cross- claim or third-party claim.
Rule 67.04.Dismissal of Counterclaim, Cross-Claim or Third-Party Claim--Rules Applicable.
Part I · Rule 67: Dismissal of Civil Actions · Last amended September 1, 1973 · Last verified July 22, 2026
In one sentenceRule 67.04 extends the dismissal framework in Rules 67.01, 67.02, 67.03, and 67.05 to counterclaims, cross-claims, and third-party claims, so the same voluntary and involuntary dismissal rules that govern a plaintiff's petition also govern these other pleadings.
Full Text of Rule 67.04
Amendment History
Amended Jan. 19, 1973, eff. Sept. 1, 1973.
Official Comment
This is the same as prior Rule 67.04. Compare: Rule 41(c) of the Federal Rules of Civil Procedure.
Plain-English Summary
Rule 67.04 is a short rule that does one job: it makes clear that the dismissal rules built for a plaintiff's civil action apply just as well to a counterclaim, a cross-claim, or a third-party claim. Without this rule, a defendant asserting a counterclaim, or a party asserting a cross-claim or third-party claim, might wonder whether the voluntary and involuntary dismissal standards in Rules 67.01 through 67.03 and Rule 67.05 apply to them.
By cross-referencing those rules, Rule 67.04 confirms that the party pursuing a counterclaim gets the same one-time voluntary dismissal right that a plaintiff gets, and that the opposing party can seek involuntary dismissal of a counterclaim on the same grounds available against an original claim. It also pulls in Rule 67.05's protection for claims that survive when the main action goes away.
Frequently Asked Questions
Does Rule 67.04 create separate dismissal standards for counterclaims?
No — it applies the existing standards in Rules 67.01, 67.02, 67.03, and 67.05 to counterclaims, cross-claims, and third-party claims instead of creating new ones.
Can a party asserting a counterclaim dismiss it without a court order the same way a plaintiff can?
Yes, Rule 67.04 makes Rule 67.02's voluntary dismissal procedure applicable to counterclaims.
Does this rule cover third-party claims?
Yes, the rule expressly lists third-party claims alongside counterclaims and cross-claims.
Which rule sets the default of without prejudice for a dismissed counterclaim?
Rules 67.02 and 67.03, which Rule 67.04 makes applicable to counterclaims, cross-claims, and third-party claims.
Does Rule 67.04 protect a counterclaim from being dismissed just because the main claim is dismissed?
That protection comes from Rule 67.05, which Rule 67.04 also incorporates for counterclaims, cross-claims, and third-party claims.
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: dismissing a counterclaimdismissing a cross-claimthird-party claim dismissal rulescounterclaim voluntary dismissal