Voluntary dismissal

Question 1

Rule 41

Answer 1

allows P to take himself out of a lawsuit before significant resources have been used by the court or the opposing party

41 (a) (1) (a) - do not need permission from the court, can dismiss IF its filed before other party serves an answer or motion for summary judgement

(or if all parties agree without prejudice that nothing happened)

Question 2

rule 41 (b) and 41 (a) (2)

Answer 2

Voluntary dismissal that requires court order

have to get court permission if motion for summary judgement has already been filed
if previously dismissed can not do it again

41 (a) (2) - dismissal by court order
- may be dismissed at P request only by court order
- will not be dismissed if D does not want to,
- before other party files an answer