A motion for voluntary dismissal under Rule 41 in United States District Court is the topic of this blog post.
A motion for voluntary dismissal under Rule 41 in United States District Court is authorized by Rule 41(a)(2) of the Federal Rules of Civil Procedure. This motion must be filed after a defendant has filed an answer or a motion for summary judgment.
Rule 41(a)(2) of the Federal Rules of Civil Procedure states in pertinent part that “Except as provided in Rule 41(a)(1), an action may be dismissed at the plaintiff’s request only by court order, on terms that the court considers proper.”
The Ninth Circuit Court of Appeal has stated in a published decision that the purpose of Rule 41 of the Federal Rules of Civil Procedure is to allow a plaintiff to dismiss their case without prejudice as long as the defendant will not suffer any legal prejudice or otherwise be unfairly affected by the dismissal.
The Ninth Circuit Court of Appeals has also stated in another published decision that a motion for voluntary dismissal under Rule 41 in United States District Court must be granted unless the defendant can show that they will suffer legal prejudice if the case is dismissed. Legal prejudice is defined as prejudice to a legal interest, a legal claim, or a legal argument.
A plaintiff in a case where the defendant or defendants have already filed an answer or motion for summary judgment that wants to dismiss their case should consider filing a motion for voluntary dismissal under Rule 41.
Sample motion for voluntary dismissal under Rule 41 in United States District Court for sale.
Attorneys or parties that would like to view a portion of a sample motion for voluntary dismissal under Rule 41 in United States District Court containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service sold by the author can see below.
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Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.