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Federal Rules of Civil Procedure (FRCP) QUESTION #5683
Question 1
A plaintiff files a notice of voluntary dismissal under Rule 41(a)(1)(A)(i). When is this dismissal with prejudice?
  • Always, unless the notice states otherwise.
  • Never, voluntary dismissals are always without prejudice.
  • If the plaintiff has previously dismissed any federal- or state-court action based on or including the same claim.✔️
  • Only if the court orders it so.
Correct Answer Explanation
Rule 41(a)(1)(B) contains the 'two-dismissal rule': if the plaintiff has previously dismissed any action based on the same claim, a second notice of dismissal operates as an adjudication on the merits (with prejudice).