RULE 3-506. VOLUNTARY DISMISSAL
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 3-506
RULE 3-506. VOLUNTARY DISMISSAL
(a) By Notice of Dismissal or Stipulation. Except as otherwise provided in these rules or by statute, a party who has filed a complaint, counterclaim, cross-claim, or third party claim may dismiss all or part of the claim without leave of court by filing (1) a notice of dismissal at any time before the adverse party files a notice of intention to defend, or if the notice of dismissal specifies that it is with prejudice, at any time before judgment, or (2) a stipulation of dismissal signed by all parties to the claim being dismissed.
(d) Effect on Claim. Unless otherwise specified in the notice of dismissal, stipulation, or order of court, a dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a party who has previously dismissed in any court of any state or in any court of the United States an action based on or including the same claim.
Cross reference: See Code, Courts Article, § 7-301. For settlement of suits on behalf of minors, see Code, Courts Article, § 6-405 and Rule 3-202. For settlement of a claim not in suit asserted by a parent or person in loco parentis under a liability insurance policy, see Code, Insurance Article, § 19-113.
Source: This Rule is derived as follows:
Section (a) is derived in part from the 1968 version of Fed. R. Civ. P. 41 (a)(1) and is in part new.
Section (b) is new.
Section (c) is derived from former Rule 541 b and the 1968 version of Fed. R. Civ. P. 41 (a)(2).
Section (d) is derived from former M.D.R. 541 b.
Section (e) is derived from former Rule 541 b and the 1968 version of Fed. R. Civ. P. 41 (a)(2).
Section (f) is derived from former Rules 541 d and 582 b.
Credits
[Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 12, 2003, eff. Jan. 1, 2004; Nov. 8, 2005, eff. Jan. 1, 2006.]
MD Rules, Rule 3-506, MD R RCP DIST CT Rule 3-506
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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