District court — civil · Case resolution
Notice or Stipulation of Voluntary Dismissal (Rule 41(a))
Ends the action, or part of it, without a court order.
Filed by: Plaintiff / all parties
Not yet verified. Compiled from the national rules and not yet verified by a reviewing attorney. The national rules are amended each December 1, and local rules, standing orders and judges' practices add to them. Confirm with the current rules before filing. This is not legal advice.
What it must include
- Caption: court name, title of the action, file number and document designation (FRCP 10(a))
- Notice of dismissal before the opposing party serves an answer or summary-judgment motion (FRCP 41(a)(1)(A)(i)), or stipulation signed by all parties who have appeared (FRCP 41(a)(1)(A)(ii))
- Whether dismissal is with or without prejudice (without prejudice unless stated; FRCP 41(a)(1)(B))
- Signature of attorney of record with address, email and phone (FRCP 11(a))
Governing rules
- FRCP 41(a)(1)
Check the local rules for
- Class-action and minor-settlement approval requirements
Applies in federal district courts. Find your court for its local requirements.
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Track the deadline, service and filing checklist alongside the rest of the matter.