Rule 41
E86047
provision of the Federal Rules of Civil Procedure
provision on costs of a previously dismissed action
provision on dismissal by court order
provision on dismissal of counterclaims
provision on dismissal without a court order
rule on involuntary dismissal
rule on voluntary dismissal
Rule 41 is a provision of the U.S. Federal Rules of Civil Procedure that governs the voluntary and involuntary dismissal of civil actions in federal court.
Observed surface forms (6)
| Surface form | Occurrences |
|---|---|
| Rule 41(b) | 0 |
| Rule 41(c) | 0 |
| Rule 41(d) | 0 |
| Rule 41(a) | 0 |
| Rule 41(a)(1) | 0 |
| Rule 41(a)(2) | 0 |
Statements (49)
| Predicate | Object |
|---|---|
| instanceOf |
provision of the Federal Rules of Civil Procedure
ⓘ
provision on costs of a previously dismissed action ⓘ provision on dismissal by court order ⓘ provision on dismissal of counterclaims ⓘ provision on dismissal without a court order ⓘ rule on involuntary dismissal ⓘ rule on voluntary dismissal ⓘ |
| adoptedBy | Supreme Court of the United States ⓘ |
| allows |
court to order payment of costs
ⓘ
court to stay proceedings until costs are paid ⓘ dismissal on terms the court considers proper ⓘ notice of dismissal by the plaintiff ⓘ stipulation of dismissal signed by all parties ⓘ |
| appliesIn | United States district courts NERFINISHED ⓘ |
| appliesTo |
civil actions
ⓘ
counterclaims ⓘ crossclaims ⓘ third-party claims ⓘ |
| appliesWhen | plaintiff previously dismissed an action based on or including the same claim ⓘ |
| codifiedIn |
United States Federal Rules of Civil Procedure
ⓘ
surface form:
Federal Rules of Civil Procedure
|
| defaultEffect | adjudication on the merits ⓘ |
| effectiveIn | federal civil procedure ⓘ |
| governs |
dismissal by stipulation of the parties
ⓘ
dismissal of civil actions ⓘ involuntary dismissal for failure to comply with a court order ⓘ involuntary dismissal for failure to comply with the rules ⓘ involuntary dismissal for failure to prosecute ⓘ involuntary dismissal of actions ⓘ payment of costs of a prior action ⓘ voluntary dismissal by the plaintiff ⓘ voluntary dismissal of actions ⓘ |
| hasSection |
Rule 41(a)
ⓘ
Rule 41(b) ⓘ Rule 41(c) ⓘ Rule 41(d) ⓘ |
| incorporates |
procedures of Rule 41(a)
ⓘ
procedures of Rule 41(b) ⓘ |
| jurisdiction | United States federal courts NERFINISHED ⓘ |
| language | English ⓘ |
| legalNature | procedural rule ⓘ |
| legalSystem | United States law ⓘ |
| partOf |
United States Federal Rules of Civil Procedure
ⓘ
surface form:
Federal Rules of Civil Procedure
|
| providesException |
dismissal for failure to join a party under Rule 19
ⓘ
dismissal for improper venue ⓘ dismissal for lack of jurisdiction ⓘ |
| requires |
court approval for voluntary dismissal when Rule 41(a)(1) does not apply
ⓘ
court order for certain voluntary dismissals ⓘ |
| subjectMatter |
dismissal with prejudice
ⓘ
dismissal without prejudice ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.