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Voluntary dismissal notice in United States District Court

by Stan Burman

A voluntary dismissal notice in United States District Court is the topic of this blog post.

A voluntary dismissal notice in United States District Court is filed by a plaintiff who wishes to dismiss their case before a defendant has filed an answer or motion for summary judgment.

A voluntary dismissal notice in United States District Court is authorized by Rule 41 of the Federal Rules of Civil Procedure which states in pertinent part that,

“(a) Voluntary Dismissal.

(1) By the Plaintiff.

(A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing:

(i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or

(ii) a stipulation of dismissal signed by all parties who have appeared.

(B) Effect. Unless the notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.”

Deadline to file a voluntary dismissal notice in United States District Court.

It should be noted that a voluntary dismissal notice in United States District Court must be filed before the defendant serves either an answer or a motion for summary judgment.  Once the defendant has served either an answer or a motion for summary judgment the plaintiff must file a motion for dismissal under Rule 41(a)(2) of the Federal Rules of Civil Procedure.

Sample voluntary dismissal notice in United States District Court.

Attorneys or parties that would like to view or download a FREE voluntary dismissal notice in United States District Court created by the author can see below.

Sample Notice of Voluntary Dismissal Under Rule 41 in United States District Court by Stan Burman on Scribd

 

 

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The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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