Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 41 spells out how a plaintiff can voluntarily drop a lawsuit, when the court can dismiss a case involuntarily for the plaintiff's failure to prosecute or comply with the rules, and when any of those dismissals count as a final ruling on the merits rather than a clean slate.
(1)By Plaintiff; By Stipulation. Subject to the provisions of Rule 23(e), Rule 66(j), and any statute of this state, an action may be dismissed by the plaintiff without order of court:
(A)By filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs; or
(B)By filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of this or any other state or of the United States an action based on or including such claim.
(2)By Order of Court. Except as provided in paragraph (1) of this subdivision of this rule, an action shall not be dismissed at the plaintiff's instance save 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 counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.
(1)On Court's Own Motion. The court may, in its discretion, dismiss any action for lack of prosecution where the action has been pending for more than five (5) years, or, at any time, for failure of the plaintiff to comply with these rules or to proceed when the action is reached for trial. Notice that an action will be in order for dismissal on a day certain shall be served upon the plaintiff's attorney of record and upon the plaintiff if the plaintiff's address is known. If there is no attorney of record and if the plaintiff's address is not known, such notice shall be published as directed by the court in accordance with statutory provisions.
(2)On Motion of the Defendant. On motion of the defendant the court may, in its discretion, dismiss any action for failure of the plaintiff to comply with these rules or any order of court, or for lack of prosecution as provided in paragraph (1) of this subdivision.
(3)Effect. Unless the court in its order for dismissal otherwise specifies, a dismissal under this subdivision (b) and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction or for improper venue or for lack of an indispensable party, operates as an adjudication upon the merits.
(c)Dismissal of Counterclaim, Cross-claim, or Third Party Claim. The provisions of this rule apply to the dismissal of any counterclaim, cross-claim, third party claim, or additional claim. A voluntary dismissal by the claimant alone pursuant to paragraph (1) of subdivision (a) of this rule shall be made before a responsive pleading or a motion for summary judgment is served or, if there is neither, before the introduction of evidence at the trial or hearing.
(d)Costs of Previously Dismissed Action. If a plaintiff who has once dismissed an action in any court commences an action based on 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
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Rule 41(a) gives a plaintiff two ways to walk away from a case without asking the court’s permission: filing a notice of dismissal before the other side answers or moves for summary judgment, or filing a stipulation of dismissal signed by everyone who has appeared. Either one is without prejudice by default, meaning the plaintiff can refile later — with one exception. If a plaintiff has already dismissed the same claim once before, in any Rhode Island court, another state’s court, or federal court, a second notice of dismissal counts as a ruling on the merits and bars refiling. Once the case has moved past that early stage, or if the plaintiff needs to dismiss for some other reason, dismissal requires a court order, and if the defendant has already filed a counterclaim, the court will not dismiss over the defendant’s objection unless that counterclaim can still be decided on its own.
Rule 41(b) covers dismissals the plaintiff does not choose. The court can dismiss a case on its own for lack of prosecution once it has been pending more than five years, or at any point if the plaintiff fails to follow the rules or does not show up when the case is called for trial. Before that happens, the court has to give notice of the dismissal date to the plaintiff’s attorney of record and to the plaintiff if the address is known, or publish notice if there is no attorney and no known address. A defendant can also move for this kind of dismissal on the same grounds. Unless the court says otherwise, a dismissal under this part counts as a decision on the merits — the one exception being dismissals for lack of jurisdiction, improper venue, or a missing indispensable party, which never bar a refiled suit.
The same rules apply to counterclaims, cross-claims, and third-party claims, though a claimant dismissing one of those on their own must do it before a response or summary judgment motion comes in, or before evidence is introduced at trial if neither has happened yet. And if a plaintiff dismisses a case and later files the same claim again against the same defendant, Rule 41(d) lets the court order payment of the costs from the first case and pause the new one until that is done.
Frequently Asked Questions
Can a plaintiff dismiss a Rhode Island lawsuit without the court's permission?
Yes, but only early on. Rule 41(a)(1) allows a plaintiff to file a notice of dismissal before the other side answers or moves for summary judgment, or to file a stipulation signed by everyone who has appeared. After that point, dismissing the case requires a court order.
Does dismissing a case twice stop me from filing it a third time?
It can. Under Rule 41(a)(1), a notice of dismissal is normally without prejudice, but if the plaintiff already dismissed the same claim once before in any court — Rhode Island, another state, or federal — a second notice of dismissal operates as a ruling on the merits, which bars bringing that claim again.
How long can a case sit without activity before the court dismisses it?
Rule 41(b)(1) lets the court dismiss a case for lack of prosecution on its own once it has been pending more than five years. The court can also dismiss at any earlier point if the plaintiff fails to comply with the rules or does not proceed when the case is called for trial, as long as proper notice of the dismissal date goes out first.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 41). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as:voluntary dismissaldropping a lawsuitdismissal for failure to prosecutenotice of dismissalstipulation of dismissaltwo dismissal ruleinvoluntary dismissaldismissing a case without prejudice