Civil Procedure
Voluntary Dismissal
A plaintiff’s dismissal of its own claims, either automatically early in the case or later by stipulation or court order.
Governing rule: Fed. R. Civ. P. 41(a)
Plain-English definition
Voluntary dismissal is how a plaintiff ends its own case or a claim against a party. Early in federal litigation, the plaintiff may be able to dismiss without court permission. Later, dismissal usually requires a stipulation or court order and may include conditions.
How it works
Dismissal can be with prejudice, meaning the claim cannot be refiled, or without prejudice, meaning refiling may be possible if limitations periods and other rules allow.
Why it matters
The words with prejudice or without prejudice can decide whether the dispute is truly over.
Related terms
More in Civil Procedure
Amended Complaint
A revised complaint that changes, adds, or clarifies allegations, parties, or claims after the original complaint was filed.
Answer
The defendant's formal written response to the plaintiff's complaint, admitting or denying each allegation.
Class Certification
The judicial decision to allow a lawsuit to proceed as a class action on behalf of similarly-situated plaintiffs.
Collateral Estoppel
Also called issue preclusion. The doctrine that prevents re-litigating a specific issue that was actually decided in a prior case.
Complaint
The initial pleading filed by the plaintiff that starts a civil lawsuit.
Consolidation
Combining related cases for coordinated management, discovery, hearings, or trial.
Counterclaim
A claim brought by a defendant against the plaintiff within the same lawsuit.
Crossclaim
A claim by one party against a co-party, such as one defendant suing another defendant in the same case.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.