A. An action may be dismissed by the plaintiff without an order of court by filing a notice of dismissal at any time before pretrial. After the pretrial hearing, an action may only be dismissed by agreement of the parties or by the court. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice.
§ 684.Dismissal of Case - With and Without Order of Court
Chapter 12: Judgment · Last amended November 1, 2004 · Last verified August 3, 2026
In one sentenceSection 684 lets a plaintiff dismiss an action without a court order by filing a notice of dismissal before pretrial, requires court approval or agreement afterward, lets a defendant move to dismiss for failure to prosecute, and orders costs when a plaintiff refiles a claim already dismissed once.
Full Text of § 684
B. Except as provided in subsection A of this section, an action shall not be dismissed at the plaintiff's request except upon order of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon the defendant of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaims can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this subsection is without prejudice.
C. For failure of the plaintiff to prosecute or to comply with the provisions of this section or any order of court, a defendant may move for dismissal of an action or of any claim against the defendant.
D. The provisions of this section apply to the dismissal of any counterclaim, cross-claim, or third-party claim. A voluntary dismissal by the claimant alone pursuant to subsection A of this section shall be made before a responsive pleading is served or, if there is none, before the introduction of evidence at the trial or hearing.
If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the plaintiff has complied with the order.
Amendment History
R.L. 1910, §5126; Amended by Laws 2004, HB 2661, c. 368, §4, eff. 11/1/2004; Amended by Laws 2009, HB 1603, c. 228, §6, eff. 11/1/2009.
Note
Laws 2009, c. 228, § 6 was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013) and repealed by Laws 2013, 1st Ex.Sess., c. 13, § 4.
Plain-English Summary
Before pretrial, a plaintiff can end a case by filing a notice of dismissal — no judge's sign-off required, and the dismissal is without prejudice unless the notice says otherwise. After pretrial, that self-help option disappears: dismissal takes either the other side's agreement or a court order on whatever terms the court sets. If a defendant has already pleaded a counterclaim before the plaintiff moves to dismiss, the court can't dismiss over the defendant's objection unless the counterclaim can still be adjudicated on its own.
Subsection C flips the direction, letting a defendant move to dismiss when the plaintiff fails to prosecute or comply with this section or a court order. Subsection D extends all of this to counterclaims, cross-claims, and third-party claims, and adds a deterrent for repeat filers: if a plaintiff dismisses an action once and then brings the same claim against the same defendant again, the court can order payment of the costs from the first case and stay the new one until that's done.
Frequently Asked Questions
Can I dismiss my lawsuit myself without asking the judge?
Yes, before the pretrial hearing you can file a notice of dismissal without a court order, and unless it says otherwise the dismissal is without prejudice.
What changes after the pretrial hearing?
After pretrial, an action can only be dismissed by agreement of the parties or by court order, not by the plaintiff's notice alone.
Can a defendant get a case thrown out for the plaintiff not pursuing it?
Yes, Section 684(C) lets a defendant move to dismiss an action or a claim when the plaintiff fails to prosecute or comply with this section or a court order.
What if the defendant already filed a counterclaim before I try to dismiss?
The court can't dismiss the action against the defendant's objection unless the counterclaim can remain pending for independent adjudication.
What happens if I dismiss a case and then refile the same claim?
The court may order you to pay the costs of the previously dismissed action and can stay the new case until you comply.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: Oklahoma voluntary dismissal notice12 O.S. § 684dismissal without court order before pretrial Oklahomarefiling dismissed lawsuit costs Oklahoma