(A)Subject to Rule 23(e) and any applicable statute, the plaintiff may dismiss an action, a claim, or a party without a court order by filing:
(i)a notice of dismissal before any opposing party serves an answer or a motion for summary judgment; or
(ii)a stipulation of dismissal signed by all parties who have appeared.
(B)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.
(2)By court order. Except as provided in paragraph (a)(1), an action, a claim, or a party may be dismissed at the plaintiff’s request by court order only on terms the court considers proper. If a defendant has pleaded a counterclaim before being served with the plaintiff’s motion to dismiss, the action may be dismissed over the defendant’s objection only if the counterclaim can remain pending for independent adjudication by the court. Unless the order states otherwise, a dismissal under this paragraph is without prejudice.
(b)Involuntary dismissal; effect. If the plaintiff fails to prosecute or to comply with these rules or any court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order otherwise states, a dismissal under this paragraph and any dismissal not under this rule, other than a dismissal for lack of jurisdiction, improper venue, or failure to join a party under Rule 19, operates as an adjudication on the merits.
(c)Dismissal of counterclaim, crossclaim, or third-party claim. This rule applies to the dismissal of any counterclaim, crossclaim, or third-party claim. A claimant’s voluntary dismissal under paragraph (a)(1) must be made before a responsive pleading is served or, if there is no responsive pleading, before evidence is introduced at a trial or hearing.
(d)Costs of 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 may order the plaintiff to pay all or part of the costs of the previous action and may stay the proceedings until the plaintiff has complied.
(e)Bond or undertaking to be delivered to opposing party. If a party dismisses a complaint, counterclaim, crossclaim, or third-party claim, under paragraph (a)(1) after a provisional remedy has been allowed the party, the bond or undertaking filed in support of the provisional remedy must be delivered to the party against whom the provisional remedy was obtained.
Amendment History
Amended effective November 1, 1997; April 1, 2008; November 1, 2016; May 1, 2023.
Advisory Committee Notes
Advisory Committee Notes
The 2016 amendments adopt the plain language style of Federal Rule of Civil Procedure 41. And, like the federal rule, the 2016 amendments move a central provision of paragraph (b) from this rule to Rule 52(e). Formerly, if a plaintiff had presented its case and the evidence did not support the claim, the court-in a trial by the court-could find for the defendant without having to hear the defendant’s evidence. The equivalent provision now found in Rule 52(e) extends that principle to claims other than the plaintiff’s and, if a party’s evidence on any particular element of the cause of action is complete but insufficient, allows the court to make findings and conclusions and enter judgment accordingly.
In these circumstances the court’s action goes beyond simple dismissal; the court is finding for a party on the merits. This principle more properly belongs in the rule on findings and conclusions than in the rule on dismissing an action.
Plain-English Summary
Rule 41 governs how a case, a claim, or a party can exit a lawsuit before it's over, and it draws a sharp line between exits a plaintiff controls and exits a court orders.
A plaintiff can dismiss without asking the court's permission in two situations: before any opposing party has answered or moved for summary judgment, or any time all appearing parties sign off on a stipulation. A dismissal like this is without prejudice — meaning the plaintiff can refile — unless the notice or stipulation says otherwise. There's a catch: file the same claim, dismiss it again, and that second notice of dismissal acts as a final judgment on the merits. This two-dismissal rule keeps plaintiffs from repeatedly filing and dropping the same case to dodge an unfavorable ruling.
Once an opposing party has answered or moved for summary judgment, a plaintiff needs a court order to dismiss, and Rule 23(e) applies where a class action is involved. If the defendant already filed a counterclaim before being served with the dismissal motion, the court can't dismiss the plaintiff's claim over the defendant's objection unless the counterclaim can go forward on its own as an independent matter.
Involuntary dismissal works differently — it's a sanction. If a plaintiff fails to prosecute the case or ignores the rules or a court order, the defendant can move to dismiss, and unless the court says otherwise, that dismissal counts as a decision on the merits, with exceptions for dismissals based on lack of jurisdiction, improper venue, or failure to join a required party under Rule 19, none of which reflect on the substance of the claim.
The same dismissal rules apply to counterclaims, crossclaims, and third-party claims, though the timing shifts: a claimant dismissing one of these voluntarily must do so before a responsive pleading comes in or, if none is expected, before evidence is introduced at trial. Rule 41 also lets a court make a plaintiff who refiles a previously dismissed claim pay the costs of the earlier round before the new case proceeds, and it requires any bond or security posted for a provisional remedy to be handed over to the other side once the underlying claim is dismissed.
Frequently Asked Questions
Can I dismiss my own case without asking the judge?
Yes, if no opposing party has served an answer or a motion for summary judgment yet, or if all parties who appeared sign a stipulation.
What does 'without prejudice' mean in a dismissal?
You can refile the claim later. A dismissal is without prejudice unless the notice, stipulation, or order says otherwise.
What is the two-dismissal rule?
If you previously dismissed a federal or state action based on the same claim, a second notice of dismissal operates as an adjudication on the merits — meaning you can't refile it again.
Can a court make me pay costs from a case I already dismissed before I refile it?
Yes. Rule 41(d) lets the court order payment of the previous action's costs and stay the new case until you comply.
Does dismissal for failure to prosecute count against me permanently?
Generally yes — it operates as an adjudication on the merits unless the court says otherwise, except for dismissals based on lack of jurisdiction, improper venue, or failure to join a required party.
What happens to a bond I posted for a provisional remedy if I dismiss my case?
Under Rule 41(e), it must be delivered to the party against whom the provisional remedy was obtained.
Source & verification. Rule text, Advisory Committee Notes, and
amendment history are reproduced verbatim from the Utah Rules of Civil Procedure,
adopted by the Utah Supreme Court. Last verified July 13, 2026. ·
Official source
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