(a) Voluntary Dismissal: Effect Thereof.
(1) By the Plaintiff.
(A) Without a Court Order. Subject to Rules 23(f), 23.1, 23.2, 66, and any applicable statute, the plaintiff may dismiss an action without a court order by filing:
(i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or
(ii) a stipulation of dismissal signed by all parties who have appeared.
(B) Effect. Unless the notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.
(C) Filing Fees. Unless otherwise stipulated, the plaintiff must repay the defendant’s filing fees.
(2) By Order of Court; Effect. Except as provided in Rule 41(a)(1), an action may be dismissed at the plaintiffs request only by court order, on terms that the court considers proper. If a defendant has pleaded a counterclaim before being served with the plaintiffs motion to dismiss, the action may be dismissed over the defendant’s objection only if the counterclaim can remain pending for independent adjudication. Unless the order states otherwise, a dismissal under Rule 41(a)(2) is without prejudice.
(b) Involuntary Dismissal: Effect. If the plaintiff fails to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against the defendant. Unless the dismissal order or an applicable statute provides otherwise, a dismissal under Rule 41(b) and any dismissal not under this rule—except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19—operates as an adjudication on the merits.
(c) Dismissing a Counterclaim, Crossclaim, or Third-Party Claim. This rule applies to a dismissal of any counterclaim, crossclaim, or third-party claim. A claimant’s voluntary dismissal under Rule 41(a)(1)(A)(i) must be made:
(1) before a responsive pleading is served; or
(2) if there is no responsive pleading, before evidence is introduced at a hearing or trial.
(d) Costs of a Previously Dismissed Action. If a plaintiff who previously dismissed an action in any court files an action based on or including the same claim against the same defendant, the court:
(1) may order the plaintiff to pay all or part of the costs of that previous action; and
(2) may stay the proceedings until the plaintiff has complied
(e) Dismissal for Want of Prosecution.
(1) Procedure. When the time periods in this rule have expired:
(A) any party may move to dismiss an action for lack of prosecution; or
(B) the court may, on its own, issue an order to show cause why an action should not be dismissed for lack of prosecution. After briefing, the court may hold a hearing or take the matter under submission, as provided by local rules on motion practice.
(2) Dismissing an Action Before Trial.
(A) The court may dismiss an action for want of prosecution if a plaintiff fails to bring the action to trial within 2 years after the action was filed.
(B) The court must dismiss an action for want of prosecution if a plaintiff fails to bring the action to trial within 5 years after the action was filed.
(3) Dismissing an Action After a New Trial is Granted. The court must dismiss an action for want of prosecution if a plaintiff fails to bring the action to trial within 3 years after the entry of an order granting a new trial.
(4) Dismissing an Action After an Appeal.
(A) If a party appeals an order granting a new trial and the order is affirmed, the court must dismiss the action for want of prosecution if a plaintiff fails to bring the action to trial within 3 years after the remittitur was filed in the trial court.
(B) If a party appeals a judgment and the judgment is reversed on appeal and remanded for a new trial, the court must dismiss the action for want of prosecution if a plaintiff fails to bring the action to trial within 3 years after the remittitur was filed in the trial court.
(5) Extending Time; Computing Time. The parties may stipulate in writing to extend the time in which to prosecute an action. If two time periods requiring mandatory dismissal apply, the longer time period controls. When a court is unable to conduct civil trials due to compelling and extraordinary circumstances beyond the control of the court and the parties, such as an epidemic, pandemic, natural disaster, or safety or security threat, and enters a district-wide administrative order staying such trials, neither the period of the stay nor an additional period of up to one year after the termination of the stay, if ordered by the court in the same or a subsequent administrative order, shall be counted in computing the time periods under this section.
(6) Dismissal With Prejudice. A dismissal under Rule 41(e) is a bar to another action upon the same claim for relief against the same defendants unless the court provides otherwise in its order dismissing the action.
Amended eff. 3-16-64; Amended eff. 9-27-71; Amended 7-1-87, eff. 1-1-88; Amended eff. 1-1-05; Amended eff. 3- 1-19; Amended 12-23-20, eff. 1-22-2021.
Rule 41 covers several distinct ways a lawsuit can be dismissed, and the rule keeps them structurally separate even though they all share the word "dismissal." A plaintiff can walk away from a case without asking the court’s permission, but only in narrow circumstances: before the defendant answers or moves for summary judgment, or with every appearing party’s written agreement. That kind of dismissal is normally without prejudice, meaning the plaintiff can refile, unless the plaintiff already dismissed the same claim once before — a second voluntary dismissal of the same claim counts as a decision on the merits and bars refiling. Once the case has moved past that early stage, a plaintiff who wants out needs a court order, and the judge sets whatever terms seem fair, including protecting a defendant’s pending counterclaim.
A different track altogether is involuntary dismissal: when a plaintiff does not follow the rules or a court’s order, the defendant can move to have the action or a claim thrown out, and unless the court says otherwise, that dismissal counts as a decision on the merits — with exceptions for dismissals based on jurisdiction, venue, or failure to join a required party, none of which bar a refiled case. The rule folds in related mechanics too: how dismissal works for counterclaims and similar claims, and what happens to costs when a plaintiff refiles a case after previously dismissing it.
Nevada’s rule also carries its own distinct provision for dismissal due to lack of prosecution, a feature that goes well beyond the federal rule. If a plaintiff fails to bring a case to trial within set time limits — generally two years for a court to consider dismissal and five years for dismissal to become mandatory, with separate three-year windows after a new trial is granted or an appeal concludes — the action faces dismissal, and a dismissal on this ground bars refiling unless the court’s order says otherwise. The rule allows parties to stipulate to extend these deadlines and accounts for court-wide shutdowns, like those caused by a natural disaster or public health emergency, by pausing the clock during an administrative stay.