Dismissal of Actions

(a) Voluntary Dismissal. (1) By the Plaintiff. (A) Without a Court Order. Subject to RCFC 23(e) and 23.1(c) and any RCFC 41 64 federal statute, the applicable plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves an answer, a motion for summary judgment, or a motion for judgment on the administrative record; or (B) Effect. Unless (ii) a stipulation of dismissal signed by all parties who have appeared. the notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits. (2) By Court Order; Effect. Except as provided in RCFC 41(a)(1), an action may be dismissed at the plaintiff’s request only by court order, on terms that the court considers proper. If the 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. Unless the order states otherwise, a dismissal under this paragraph (2) is without prejudice. (b) Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, the court may dismiss on its own motion or the defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule— except one for lack of jurisdiction or failure to join a party under RCFC 19—operates as an adjudication on the merits. (c) Dismissing a Counterclaim or Third-Party Claim. This rule applies to a dismissal of any counterclaim or third-party claim. A claimant’s voluntary dismissal under RCFC 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. (d) Costs of a Previously Dismissed Action. If a plaintiff who previously dismissed an action in any court files an action based on or including the defendant, the court: (1) may order the plaintiff to pay all or part the same claim against of the costs of that previous action; and (2) may stay the proceedings until the plaintiff has complied. (As revised and reissued May 1, 2002; as amended Nov. 3, 2008, July 2, 2012.) Rules Committee Notes 2002 Revision Minor changes have been made to more closely conform to FRCP 41. Substantively, however, the rule remains unchanged. 2008 Amendment The language of RCFC 41 has been amended to conform to the general restyling of the FRCP. 2012 Amendment RCFC 41(a)(1)(A)(i) has been amended to clarify that the filing of a motion for judgment on the administrative record by the opposing party is an event that thereafter precludes a plaintiff from dismissing an action without a court order.