RULE 17 DISMISSAL OF ACTIONS Flashcards
When can a plaintiff dismiss a complaint, and what must they do to effect this dismissal?
A plaintiff can dismiss a complaint by filing a notice of dismissal at any time before the service of the answer or a motion for summary judgment.
(YES OR NO) Can a plaintiff dismiss a complaint at their own discretion without the court’s approval?
No.
According to the provided legal rule, a complaint cannot be dismissed by the plaintiff without the approval of the court. The court may grant the dismissal but will impose terms and conditions as it deems proper. This rule is in place to ensure fairness and protect the rights of both parties involved in the legal proceedings.
The dismissal shall be without prejudice
to the right of the defendant to prosecute
his or her counterclaim in a separate action
unless within (**ANSWER **) from
notice of the motion he or she manifests his or
her preference to have his or her counterclaim
resolved in the same action.
fifteen (15) calendar days
Can the plaintiff’s complaint be dismissed if they fail to appear on the date of presenting their evidence, fail to prosecute their action for an unreasonable length of time, or fail to comply with court orders?
Yes.
Explanation: The provided legal rule states that if the plaintiff fails to appear on the date of presenting their evidence, fails to prosecute the action for an unreasonable length of time, or fails to comply with court rules or orders, the court may dismiss the complaint upon the defendant’s motion or its own motion. This dismissal will generally be considered an adjudication upon the merits of the case unless the court specifies otherwise.
When can a claimant voluntarily dismiss a counterclaim, cross-claim, or third-party complaint, and what conditions must be met for such a dismissal?
A claimant can voluntarily dismiss a counterclaim, cross-claim, or third-party complaint by notice, as outlined in Section 1 of this Rule.
