Pre-Trial Procedures Flashcards
1
Q
Voluntary Dismissal of Claims
A
A party may voluntarily dismiss a crossclaim, counterclaim, or third-party claim (e.g., a claim made through impleader) without court order when:
1) The appearing parties signed a stipulation of dismissal
2) The claimant unilaterally files a notice of dismissal (1) before a responsive pleading (e.g., answer) is served or (2) if a responsive pleading is not served, before evidence is introduced at a hearing or trial.
