Rule 41: Dismissal of Actions

Rule 41 governs how cases end other than by judgment after trial. Voluntary dismissal allows the plaintiff to drop the case, while involuntary dismissal allows the court to throw it out.

For voluntary dismissal, the plaintiff has two ways to dismiss without asking the court: file a notice of dismissal before the defendant answers or moves for summary judgment, or file a signed stipulation from all parties. After those windows close, the plaintiff needs court permission, and the court can impose conditions. The first voluntary dismissal is without prejudice — the plaintiff can refile. But watch the 'two-dismissal rule': if the plaintiff previously dismissed the same claim in any court, a second voluntary dismissal operates as an adjudication on the merits, meaning the claim is barred by res judicata.

Involuntary dismissal under 41(b) is the court's tool for penalizing a plaintiff who fails to prosecute, fails to comply with the rules, or fails to obey a court order. An involuntary dismissal operates as a judgment on the merits unless the court says otherwise or the dismissal is for lack of jurisdiction, improper venue, or failure to join a required party under Rule 19.