14. Voluntary/Involuntary Dismissal (Rule 41)

Question 1

What is required for Plaintiff to make voluntary dismissal of his claim (Rule 41)?

Answer 1

1) Notice of dismissal to D

2) Either;
- Before D’s answer/summary judgment motion
- After D’s answer/summary judgment motion => ALL parties must sign stipulation of dismissal

Question 2

What happens if Plaintiff voluntarily dismisses first claim?

Answer 2

1) First claim dismissed without prejudice

2) P can bring second claim
- Same claim
- Different claim based on same facts

UNLESS dismissal by settlement => With prejudice

Question 3

What happens if Plaintiff voluntarily dismisses second claim?

Answer 3

1) Second claim dismissed with prejudice

2) P can NOT bring second claim
- Same claim
- Different claim based on same circumstances

Question 4

Does it matter whether Plaintiff voluntarily dismissed his first and second claims in Federal/State Court?

Answer 4

No

Question 5

What is the exception for not granting voluntary dismissal?

Answer 5

D has pending counterclaim

Question 6

What is required for involuntary dismissal of claims?

Answer 6

Plaintiff failed to prosecute case

Plaintiff failed to comply with rules/court order

Question 7

Is an involuntary dismissal made with prejudice?

Answer 7

Yes