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Home > Legal Research > Glossary

Voluntary dismissal

Definition
: the dismissal of an action by the plaintiff
Under Federal Rule of Civil Procedure 41(a), a plaintiff may dismiss an action without a court order anytime before the defendant serves an answer or moves for summary judgment, or by stipulation of the parties. Otherwise, a court order is required. A court-ordered dismissal will not prevent the plaintiff from bringing the action again unless the order so states. A dismissal without a court order will not bar the plaintiff from bringing the action again unless the plaintiff has brought the same action already.
b  : the cancellation of an indictment, information, complaint, or charge
Under Federal Rule of Criminal Procedure 48, the attorney for the government may dismiss the indictment, information, or complaint with the court's approval. The court may also dismiss it if there is unnecessary delay in the government's prosecution of the case.
c  : a document setting forth the request for a dismissal <plaintiff filed a ~>



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Based on Merriam-Webster's Dictionary of Law ©2001.
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