Fed. R. Civ. P. 41 — Dismissal of Actions
Last verified: May 19, 2026 · U.S. Courts — FRCP.
Rule Text — Key Provisions
(a)(1) Voluntary dismissal. Plaintiff may dismiss without court order: (A) by filing a notice of dismissal before the opposing party serves an answer or summary-judgment motion; or (B) by stipulation signed by all parties.
(a)(1)(B) Two-dismissal rule. Unless the notice states otherwise, dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state-court action based on the same claim, a notice of dismissal operates as an adjudication on the merits — with prejudice.
(a)(2) Court-ordered voluntary dismissal. After the defendant has answered, dismissal requires court order on terms the court considers proper.
(b) Involuntary dismissal. Defendant may move to dismiss if plaintiff fails to prosecute or comply with rules or court order. Unless otherwise stated, dismissal under (b) operates as an adjudication on the merits.
(d) Costs of a previously dismissed action. If plaintiff who previously dismissed an action files another based on the same claim against the same defendant, court may order plaintiff to pay defendant’s costs from the first action and may stay proceedings until paid.
Full text: law.cornell.edu/rules/frcp/rule_41.
Plain English
Rule 41 governs how federal cases end without a verdict. Three pathways: voluntary by plaintiff, stipulated by both parties, or involuntary on defense motion. The traps for plaintiffs are the two-dismissal rule and Rule 41(d) cost-shifting on refiled actions.
Key Cases & Authority
- Cooter & Gell v. Hartmarx Corp., 496 U.S. 384 (1990) — District court retains jurisdiction to impose Rule 11 sanctions even after voluntary dismissal under Rule 41(a)(1).
- Costello v. United States, 365 U.S. 265 (1961) — Pre-rules but still cited — dismissal for failure to prosecute is res judicata only if it goes to the merits.
- Lake at Las Vegas Investors Grp. v. Pacific Malibu Dev. Corp., 933 F.2d 724 (9th Cir. 1991) — Leading interpretation of the two-dismissal rule and what counts as “the same claim.”
- Marex Titanic, Inc. v. The Wrecked & Abandoned Vessel, 2 F.3d 544 (4th Cir. 1993) — Rule 41(d) costs may include attorney’s fees if the underlying statute permits.
Florida Parallel
Fla. R. Civ. P. 1.420 — Florida tracks the federal structure including the two-dismissal rule. Federal cost-shifting under 41(d) is more aggressive than Florida’s parallel.
About this rule walkthrough
Part of The Federal Rule Book, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
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Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(a)(1) Plaintiff may dismiss without court order by: (A) filing a notice of dismissal before the opposing party serves an answer or summary-judgment motion; or (B) stipulation signed by all parties.
(a)(1)(B) Two-dismissal rule: unless the notice states otherwise, dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state-court action based on the same claim, a notice of dismissal operates as an adjudication on the merits — with prejudice.
(a)(2) After defendant’s answer, voluntary dismissal requires court order on terms the court considers proper.
(b) Involuntary dismissal: defendant may move to dismiss if plaintiff fails to prosecute or comply with rules or court order. Unless otherwise stated, dismissal under (b) operates as adjudication on the merits.
(d) If plaintiff who previously dismissed an action files another based on the same claim, court may order plaintiff to pay defendant’s costs from the first action and may stay proceedings until paid.
Educational reference. This page summarizes a Federal Rule of Civil Procedure for educational purposes. It is not legal advice. Federal procedural rules can change — always verify the current text at uscourts.gov before relying on this summary in any case.
What this rule means in plain English
Rule 41 governs how federal cases end without a verdict. Three pathways: voluntary by plaintiff, stipulated, or involuntary on defense motion. The two-dismissal rule, Rule 41(d) cost-shifting on refiled actions, and the with-prejudice default in 41(b) trap unwary plaintiffs.