A Massachusetts Notice of Voluntary Dismissal (Rule 41(a)(1)(i)) is a legal document used to dismiss a civil case without prejudice in Massachusetts state courts. This type of dismissal is voluntary, meaning that neither party has to agree to the dismissal, and it cannot be appealed. There are two types of Massachusetts Notice of Voluntary Dismissal: with prejudice and without prejudice. A dismissal with prejudice is a final resolution of the case, barring any future claims or actions related to the case. A dismissal without prejudice allows the plaintiff to file another lawsuit for the same cause of action. The Notice of Voluntary Dismissal must be filed in writing and must be signed by the plaintiff or his/her attorney. The Notice should include the case name and number, the court location, the plaintiff's name, and the date of the dismissal.
Massachusetts Notice of Voluntary Dismissal (Rule 41(a)(1)(i)
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FAQ
Rule 41(a)(1)(A)(i) permits voluntary dismissal by the plaintiff without leave of court by filing ?a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment?? Id.
Rule 41(b)(2) provides for involuntary dismissal upon motion of the defendant on one of two grounds: (1) failure to comply with the rules or any order of the court; or (2) in an action tried without a jury, if, upon the facts and the law, the plaintiff has shown no right to relief.
A Rule 41(a)(1)(i) dismissal "strips a court of jurisdiction" in the sense that it "terminates the case all by itself. There is nothing left to adjudicate."xxiii Once the plaintiff has dismissed the action under the rule, the court loses all jurisdiction over the action.
From the date of notice of the denial or indication, the moving party (the party obligated to respond to the pleading) has 10 days to serve his response unless the court orders otherwise. If the court grants the motion, the pleading is stricken (that is, the complaint is dismissed or the answer is stricken).
(1) In General. After receiving an affidavit or other information, a magistrate judge?or if authorized by Rule 41(b), a judge of a state court of record?must issue the warrant if there is probable cause to search for and seize a person or property or to and use a tracking device.
Primary tabs. Dismiss refers to the court's decision to terminate a court case without imposing liability on the defendant. The court may dismiss a case in response to a defendant's motion to dismiss or do so sua sponte (voluntarily).
Dismissal Order means an Order of the Court dismissing the Pending Action in ance with the provisions of Article 6 below, which order has become final and no longer subject to appeal or reconsideration.