Voluntary Dismissal

When the voluntary dismissal is used

Timing: any time, with conditions depending on the stage. Dispositive motions ask the court to decide all or part of a case without a full trial. They usually follow discovery.

What the rule requires

• A plaintiff may dismiss without a court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment, or by a stipulation signed by all parties who have appeared (Rule 41(a)(1)(A)).
• Otherwise the action may be dismissed at the plaintiff's request only by court order, on terms the court considers proper (Rule 41(a)(2)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 41(a) online. Also, the federal judiciary publishes the current rules and recent amendments.

The voluntary dismissal in state court

This page covers the federal version. In state court, the voluntary dismissal may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Dismissal with prejudice: a dismissal that bars the plaintiff from bringing the same claim again.
• Dismissal without prejudice: a dismissal that does not bar the plaintiff from bringing the claim again.
• Stipulation: an agreement between the parties on a procedural or factual matter, often filed with the court.
• Settlement: an agreement resolving a dispute without a final court decision on the merits.
• Dismiss: to end a case, a charge or a claim without a full trial.

Related procedures

Similarly, these procedures often come up alongside it:

• Involuntary Dismissal (Failure to Prosecute): a motion to dismiss because the plaintiff failed to prosecute or to comply with the rules or a court order.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Examples from the largest state court systems

Each state citation was checked against the rule or code text (official source or a published copy) on October 24, 2026. Rules are amended often, so confirm the current version on the state's official site below.

Find the rule in your state

In your state's rules, look for the rule on voluntary dismissal. In states that number their rules like the federal rules, it is often the same rule number as the federal rule.