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North Carolina Rule of Civil Procedure 41(a) permits a plaintiff to voluntarily dismiss its claims without prejudice any time before resting its case.

PRACTICE COMMENT: Rule 41(a)(1)(A) may be used to dismiss fewer than all plaintiffs or defendants from an action. There is no standard form for this purpose. Plaintiffs should construct an appropriate notice or stipulation identifying the case and the party to be dismissed.

Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of this or any other state an action based on or ...

If a defendant has pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the action may be dismissed over the defendant's objection only if the counterclaim can remain pending for independent adjudication.

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.

Under Rule 41 of the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss its claim ?without prejudice? prior to service by the defendant of an answer or motion for summary judgment, whichever occurs ?rst.

If you were sued before filing bankruptcy, you may receive a ?Stipulation for Dismissal? or similar document from the creditor that sued you at some point after filing your Chapter 7 case. It's basically an ?agreement? letting the judge know that the court can dismiss (end/close) the case pending against you.

A claimant's voluntary dismissal under Rule 41(a)(1)(A)(i) must be made: (1) before a responsive pleading is served; or. (2) if there is no responsive pleading, before evidence is introduced at a hearing or trial.

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... , plaintiff herein, be dismissed as to defendant(s). Signature: Name: Address: AGREED: Signature: Name: Address: Trial Court of Massachussetts. Check out to make sure you have the proper template with regards to the state it is needed in. Review the document by looking through the description and using ...Sep 6, 2023 — Your closing letter should include the case's status, reason for end of representation, next steps, and a note of appreciation. Now come the parties in the above-entitled action, by their attorneys, and hereby stipulate and agree that the action be Dismissed, with/without prejudice,. Oct 1, 2023 — A case that is dismissed without prejudice can be refiled later on. ... This form is encrypted and protected by attorney-client confidentiality. The two dismissal rule will effect only a slight change in Massachusetts practice. ... in writing; under prior Massachusetts practice the judge could put the ... Oct 7, 2020 — Voluntary dismissal is generally addressed by Rule 41(a) of the Fed- eral Rules of Civil Procedure and, in practice, tends to be a perfunctory,. Apr 20, 2020 — You and opposing counsel file a stipulated dismissal, ending the case. The client is happy and so are you. On to something else. Then, 14 ... 1) The Defendant may ask the Plaintiff to agree to the extension. If the Plaintiff agrees, the parties (Plaintiff and Defendant) should write their ... Thereafter dismissal by the plaintiff, without court order, requires the filing of a stipulation signed by all parties. Unless otherwise provided in the notice ...

Massachusetts Sample Letter to Client regarding Stipulation of Dismissal

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What is the NC Rule of Civil Procedure 41a?

What is the rule 41a in SC?

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