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(a) Voluntary Dismissal. (1) By the Plaintiff.This packet provides general guidance about voluntarily dismissing a defendant or the entire case. Voluntary dismissal is the outcome of a lawsuit where the court has granted a plaintiff's request to terminate his own action. The "twodismissal" rule. If a party has voluntarily dismissed once, it may file the case again within the refiling period. In Federal court, voluntary dismissal is subject to Rule 41(a) of the Federal Rules of Civil Procedure in the United States. (a) Voluntary Dismissal: Effect Thereof. Dismissal of actions Voluntary Dismissal By the Plaintiff (A) Without a. Defendants often file motions to dismiss, which may eliminate certain claims or even an entire class of plaintiffs.