J1. RULE 17 DISMISSAL OF ACTIONS Flashcards
Section 1. Dismissal upon notice by plaintiff.
Section 1. Dismissal upon notice by plaintiff.
A complaint may be dismissed by the plaintiff by filing a notice of dismissal at any time before service of the answer or of a motion for summary judgment.
Upon such notice being filed, the court shall issue an order confirming the dismissal.
Unless otherwise stated in the notice, the dismissal is without prejudice,
except that a notice operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in a competent court an action based on or including the same claim.
Section 2. Dismissal upon motion of plaintiff.
Section 2. Dismissal upon motion of plaintiff. -
Except as provided in the preceding [S]ection, a complaint shall not be dismissed at the plaintiff’s instance save upon approval 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 him or her of the plaintiff’ s motion for dismissal, the dismissal shall be limited to the complaint.
The dismissal shall be without prejudice to the right of the defendant to prosecute his or her counterclaim in a separate action unless within fifteen (15) calendar days from notice of the motion he or she manifests his or her preference to have his or her counterclaim resolved in the same action.
Unless otherwise specified in the order, a dismissal under this paragraph shall be without prejudice. A class suit shall not be dismissed or compromised without the approval of the court.
Section 3. Dismissal due to fault of plaintiff.
Section 3. Dismissal due to fault of plaintiff. -
If, for no justifiable cause,
the plaintiff fails to appear on the date of the presentation of his or her evidence in chief on the complaint,
or to prosecute his or her action for an unreasonable length of time,
or to comply with these Rules or any order of the court,
the complaint may be dismissed upon motion of the defendant or
upon the court’ s own motion, without prejudice to the right of the defendant to prosecute his or her counterclaim in the same or in a separate action.
This dismissal shall have the effect of an adjudication upon the merits, unless otherwise declared by the court.
