Rule 41.Dismissal of Actions

Division (A) gives a plaintiff two ways to dismiss all claims against a defendant without needing the court's permission: filing a notice of dismissal any time before trial begins, unless the defendant has already served a counterclaim that cannot be independently adjudicated, or filing a stipulation of dismissal signed by every party who has appeared in the case. Unless the notice or stipulation says otherwise, that kind of dismissal is without prejudice -- except that a plaintiff who has already dismissed the same claim once before in any court triggers the "two-dismissal rule," under which a second notice of dismissal operates as a final adjudication on the merits. Once those options aren't available -- because trial has begun, or the plaintiff has already used up the one free dismissal -- a claim can be dismissed at the plaintiff's request only by court order, on whatever terms the court finds proper, and if a defendant has already pleaded a counterclaim, the court can't dismiss the plaintiff's claim over the defendant's objection unless the counterclaim can stand on its own.

Division (B) covers dismissals the court imposes rather than the plaintiff requests. A court may dismiss an action or claim, on a defendant's motion or its own initiative, after giving the plaintiff's counsel notice, when the plaintiff fails to prosecute the case or comply with the rules or a court order. In a case tried without a jury, once the plaintiff finishes presenting evidence, the defendant may move to dismiss on the ground that the plaintiff has shown no right to relief on the facts and the law, without giving up the right to present its own evidence if the motion is denied; the court can rule immediately or wait until all the evidence is in, and must make findings under Rule 52 if a party asks. A dismissal under division (B), or any dismissal the rule doesn't otherwise address, counts as a decision on the merits unless the court's order says otherwise -- except that dismissal for lack of jurisdiction over the person or subject matter, or for failing to join a required party under Rule 19 or 19.1, is always treated as a dismissal other than on the merits.

Division (C) extends every part of this rule to dismissing a counterclaim, cross-claim, or third-party claim, with a voluntary dismissal by the claimant alone still limited to before trial begins. Division (D) lets a court impose costs, and stay a new action until they're paid, when a plaintiff who has already dismissed a claim once files a new action based on the same claim against the same defendant.