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Rule 41. Dismissal ofactions.

(a) Voluntary dismissal; effect.

(a)(1) By the plaintiff.

(a)(1)(A)Subject to Rule 23(e)and any applicable statute, the plaintiff may dismiss an action without a courtorder by filing:

(a)(1)(A)(i) a notice of dismissal beforethe opposing party serves an answer or a motion for summary judgment; or

(a)(1)(A)(ii)a stipulation of dismissal signed by all parties whohave appeared.

(a)(1)(B)Unless the notice or stipulation states otherwise, the dismissal is withoutprejudice. But if the plaintiff previously dismissed any federal‑ or state‑courtaction based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.

(a)(2) By court order. Exceptas provided in paragraph (a)(1), an action may bedismissed at the plaintiff?s request by court order only on terms the court considersproper. If a defendant has pleaded a counterclaim before being served with theplaintiff's motion to dismiss, the action may be dismissed over the defendant'sobjection only if the counterclaim can remain pending for independentadjudication by the court. Unless the order states otherwise, a dismissal underthis paragraph is without prejudice.

(b) Involuntary dismissal;effect. If theplaintiff 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 andany dismissal not under this rule, other than a dismissal for lack ofjurisdiction, 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. Thisrule 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 orhearing.

(d) Costs of previously-dismissedaction. If a plaintiff who previously dismissedan action in any court files an action based on or including the same claimagainst the same defendant, the court may order the plaintiff to pay all orpart of the costs of the previous action and may stay the proceedings until theplaintiff has complied.

(e) Bond or undertaking to bedelivered to opposing party. If a party dismisses a complaint,counterclaim, crossclaim, or third-party claim, underparagraph (a)(1) after a provisional remedy has beenallowed the party, the bond or undertaking filed in support of the provisionalremedy must be delivered to the party against whom the provisional remedy wasobtained.

AdvisoryCommittee Notes

EffectiveNovember 1, 2016.