MBE Rules · Civil Procedure
Rule 41 — voluntary & involuntary dismissal
FRCP 41
The rule
A plaintiff may voluntarily dismiss without prejudice by notice before the opposing party answers or moves for summary judgment; after that, dismissal requires stipulation or court order. A second voluntary dismissal of the same claim operates as an adjudication on the merits (two-dismissal rule). Involuntary dismissal under 41(b) for failure to prosecute or comply with rules is with prejudice unless the court states otherwise.
In plain English
The first free walk-away is by notice. The second walk-away is fatal — it counts as a merits loss.
Memory hook
Two dismissals and you're out.
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