Voluntary dismissal is the cessation of the lawsuit with the voluntary request of the plaintiff (the party who originally filed the lawsuit). Voluntary dismissal with prejudice (which means plaintiff is permanently prohibited from filing further demands on the same matter) is a modern descendant of a common legal procedure known as retraxit .
In the United States, voluntary dismissal in Federal courts is subject to Rule 41 (a) of the Federal Rules of Civil Procedure. Full text Rule 41 (a) can be found below. Simply put, Rule 41 (a) allows the plaintiff to dismiss as long as the defendant does not file an answer or file a motion for the summary decision.
If the defendant has taken such an action, dismissal is only accurate in two circumstances:
A. all defendants set dismissal; or
b. the judge who oversees the case rules for the case should be dismissed
After the case is voluntarily dismissed, if brought to trial again, dismissal in this second case will mean the case will never be able to return to court.
If the defendant has a counter-claim, the case can only be dismissed if the counter-claim can still stand as his own case.
Full text of Rule 41 (a) of the Federal Rules of Civil Procedure:
(a) Voluntary Dismissal: The effect
- (1) By the Plaintiff; By Stipulation. Subject to the provisions of Rule 23 (e), Rule 66, and United States law, an action may be dismissed by the plaintiff without a court order (i) by filing a notice of dismissal at any time before the service by the adverse party of the answer or a motion for the assessment of the conclusion, whichever occurs first, or (ii) by filing a term of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or determination, the dismissal shall be without prejudice, except that the dismissal notice operates as an adjudication upon appeal by the claimant who has been dismissed in any United States or state court. actions based on or including the same claim.
- (2) By Court Order. Except as provided in paragraph (1) of the division of this rule, the act shall not be closed at the time the claimant deposits in accordance with a court order and on such terms and conditions as deemed appropriate by the court. If a counter-claim has been requested by the defendant prior to the service of the defendant for the plaintiff's action to dismiss, such action shall not be denied to the defendant's objection unless the counter-claim may remain pending an independent court's decision. Unless otherwise specified in the order, the termination under this paragraph is without prejudice.
Video Voluntary dismissal
See also
- Nolle prosequi
Maps Voluntary dismissal
References
Source of the article : Wikipedia
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