Civil procedure
Voluntary Dismissal
A voluntary dismissal is the plaintiff dropping its own case, either unilaterally early on or later by agreement or court order.
Before the defendant answers or moves for summary judgment, the plaintiff can dismiss by filing a notice, no permission needed. After that it takes a stipulation signed by everyone or a court order, and the court may attach conditions such as paying the defendant's costs.
The first voluntary dismissal is usually without prejudice, meaning the claim can be refiled. A second dismissal of the same claim generally operates as a decision on the merits, which is a trap for plaintiffs who treat dismissal as a reset button.
Watch for dismissals without prejudice near a deadline. They often mean the plaintiff has found a problem, such as a missing party or a jurisdictional defect, and intends to refile a cleaner version rather than lose on a motion.
How it appears on a docket
NOTICE OF VOLUNTARY DISMISSAL without prejudice filed by plaintiff pursuant to Rule 41(a)(1)(A)(i). Case closed.
Governing rule
Fed. R. Civ. P. 41(a)
Related terms
- Settlement Agreement — A settlement agreement is the contract in which the parties resolve a lawsuit themselves, usually with a payment and a release of claims.
- Judgment — A judgment is the court's final decision resolving the claims in a case and stating who wins and what they get.
More on civil procedure
See this term in a real case
Search federal court records and read the filings where voluntary dismissal actually shows up. New to federal dockets? Start with how to find a federal case.