What Is a Voluntary Dismissal?

Voluntary dismissal refers to a legal action that essentially throws out the claims made against a defendant. It involves specific steps taken by the plaintiff for the judge to dismiss the claims.

Process

A plaintiffs must file an official record with the court stating that they wish to dismiss the charges. The defendant can also sign these papers, but only if he hasn't yet pleaded in the court.

Considerations

If the plaintiffs must seek a court order for the voluntary dismissal, then they won't be able to bring the same charges against the defendant in the future. They'll have to charge the person with something else, even if the person does the same thing again.

The Facts

Voluntary dismissal was made a law under the Federal Rule of Civil Procedure 41(a). It allows the charges to be dismissed against a person by a plaintiff, but also allows the plaintiff to bring about charges again in the future as long as the court hasn't filed an official claim.

Warning

If the plaintiff files a stipulation that calls for the dismissal of the charges, but doesn't file the dismissal itself, everyone involved in the case must sign the paperwork for the court to throw out the charges, including the defendant.

Courts

The court can issue a voluntary dismissal without the plaintiff's wishes, if the government determines that the prosecution is taking too long to prepare its case.

References

• Research.Lawyers.com: Voluntary Dismissal
• CIT.USCourts.gov: Voluntary Dismissal: Effect Thereof
• USLegal.com: Voluntary Dismissal Law & Legal Definition