1-041. Dismissal of actions.
A.
Voluntary dismissal; effect thereof.
(1) Subject to the provisions of Paragraph E of
Rule 1-023 and of any statute, an action may be dismissed by the plaintiff
without order of the court:
(a) by filing a notice of dismissal at any time
before service by the adverse party of an answer or other responsive pleading;
or
(b) by filing a stipulation of dismissal signed by
all parties who have appeared generally in the action. Unless otherwise stated
in the notice of dismissal or stipulation, the dismissal is without prejudice,
except that a notice of dismissal operates as an adjudication upon the merits
when filed by a plaintiff who has once dismissed an action based on or
including the same claim.
(2) Except as provided in Subparagraph (1) of this
paragraph, an action shall not be dismissed on motion of the plaintiff except
upon order of the court and upon such terms and conditions as the court deems
proper. If a counterclaim, cross-claim or third-party claim has been filed by a
party prior to the service upon such party of the plaintiff's motion to
dismiss, the action shall not be dismissed against the party's objection unless
the counterclaim, cross-claim or third-party claim can remain pending for
independent adjudication by the court. Unless otherwise specified in the order,
a dismissal under this paragraph is without prejudice.
B. Involuntary dismissal; effect thereof. For
failure of the plaintiff to prosecute or to comply with these rules or any
order of court, a defendant may move for dismissal of an action or of any claim
against the defendant. After the plaintiff, in an action tried by the court
without a jury, has completed the presentation of evidence, the defendant,
without waiving the right to offer evidence in the event the motion is not
granted, may move for a dismissal on the ground that upon the q facts and the
law the plaintiff has shown no right to relief. The court as trier of the facts
may then determine them and render judgment against the plaintiff or may
decline to render any judgment until the close of all the evidence. If the
court renders judgment on the merits against the plaintiff, the court shall
make findings as provided in Rule 1-052.
Unless the court in its order for dismissal
otherwise specifies, a dismissal under this paragraph and any dismissal not
provided for in this rule, other than a dismissal for lack of jurisdiction, for
improper venue, or for failure to join a party under Rule 1-019, operates as an
adjudication upon the merits.
C. Dismissal of counterclaim, cross-claim or
third-party claim. The provisions of this rule apply to the dismissal of any
counterclaim, cross-claim or third-party claim. A voluntary dismissal by the
claimant alone pursuant to Subparagraph (1) of Paragraph A of this rule shall
be made before a responsive pleading is served, or if there is none, before the
introduction of evidence at the trial or hearing.
D. Costs of previously dismissed action. If a
plaintiff who has once dismissed an action in any court commences an action
based upon or including the same claim against the same defendant, the court
may make such order for the payment of costs of the action previously dismissed
as it may deem proper and may stay the proceedings in the action until the
plaintiff has complied with the order.
E. Dismissal of action with and without prejudice.
(1) Any party may move to dismiss the
action, or any counterclaim, cross-claim or third-party claim with prejudice if
the party asserting the claim has failed to take any significant action to
bring such claim to trial or other final disposition within two (2) years from
the filing of such action or claim. An action or claim shall not be dismissed
if the party opposing the motion is in compliance with an order entered
pursuant to Rule 1-016 or with any written stipulation approved by the court.
(2) Unless a pretrial scheduling order has been
entered pursuant to Rule 1-016, the court on its own motion or upon the motion
of a party may dismiss without prejudice the action or any counterclaim,
cross-claim or third party claim if the party filing the action or asserting
the claim has failed to take any significant action in connection with the
action or claim within the previous one hundred and eighty (180) days. A copy
of the order of dismissal shall be forthwith mailed by the court to all parties
of record in the case. Within thirty (30) days after service of the order of
dismissal, any party may move for reinstatement of the case. Upon good cause
shown, q the court shall reinstate the case and shall enter a pretrial
scheduling order pursuant to Rule 1- 016. At least twice during each calendar
year, the court shall review all actions governed by this paragraph.
(3) The filing of a motion for dismissal
pursuant to this rule shall not be taken to be an entry of appearance in said
action or proceeding.
F. Applicability. This rule
shall apply to all civil cases filed in the district court, including civil
cases appealed from the metropolitan or magistrate courts. This rule shall not
apply to:
(1) guardianship, receivership, trusteeship or
conservatorship cases;
(2) proceedings commenced pursuant to the Mental
Health and Developmental Disabilities Code;
(3) proceedings commenced
pursuant to the provisions of the Probate Code; or
(4) proceedings
commenced pursuant to the Children's Code.
[As amended, effective January 1, 1990.]
