No dismissal, voluntary or involuntary, of a plaintiff’s civil action shall operate to dismiss a previously filed counterclaim or cross-claim. No dismissal, voluntary or involuntary, of a plaintiff’s civil action shall operate to discontinue any ancillary matter pending before the court. If an ancillary matter is not ruled on within ninety days after the dismissal, it is denied.
Rule 67.05.Dismissal of Plaintiff's Civil Action--Effect on Counterclaim, Cross-Claim, and Ancillary Matters.
Part I · Rule 67: Dismissal of Civil Actions · Last amended January 1, 1998 · Last verified July 22, 2026
In one sentenceRule 67.05 protects a previously filed counterclaim or cross-claim from being wiped out when a plaintiff's civil action is dismissed, keeps any pending ancillary matter alive after the dismissal, and deems an ancillary matter denied if the court hasn't ruled on it within ninety days.
Full Text of Rule 67.05
Amendment History
Amended Jan. 19, 1973, eff. Sept. 1, 1973; Amended June 1, 1993, eff. Jan. 1, 1994; Amended June 17, 1997, eff. Jan. 1, 1998.
Plain-English Summary
A plaintiff's dismissal, whether voluntary or involuntary, doesn't automatically take a defendant's counterclaim or cross-claim down with it. Rule 67.05 makes that explicit: once a counterclaim or cross-claim has been filed, the plaintiff's dismissal of the main action leaves it standing, and the case continues on that separate claim.
The rule extends the same protection to any ancillary matter pending before the court when the plaintiff's action is dismissed. The dismissal doesn't discontinue that matter. But the rule also puts a clock on it: if the ancillary matter isn't ruled on within ninety days after the dismissal, it's denied. That deadline keeps loose ends from lingering indefinitely once the main case is gone.
Because Rule 67.04 applies the Rule 67 dismissal provisions to counterclaims and cross-claims as well, the protections in Rule 67.05 work in both directions — a dismissed counterclaim doesn't necessarily take down a cross-claim or vice versa.
Frequently Asked Questions
If I dismiss my lawsuit, does the defendant's counterclaim go away too?
No. Rule 67.05 says a dismissal of the plaintiff's civil action, voluntary or involuntary, doesn't dismiss a previously filed counterclaim or cross-claim.
What is an ancillary matter under this rule?
The rule doesn't define the term further; it treats an ancillary matter as something pending before the court apart from the main claim that dismissal doesn't automatically end.
What happens if the court doesn't rule on an ancillary matter within ninety days of dismissal?
The ancillary matter is denied.
Does this protection apply whether the dismissal was voluntary or involuntary?
Yes, the rule's text covers both voluntary and involuntary dismissal of the plaintiff's civil action.
Can a defendant keep pursuing a cross-claim after the plaintiff's case is dismissed?
Yes, so long as the cross-claim was filed before the dismissal, Rule 67.05 keeps it alive independent of the main action.
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: counterclaim survives dismissalancillary matter after dismissalcross-claim after case dismissedninety day ancillary matter deadline