Rule 17 Dismissal of Actions

• Section 1. Dismissal upon notice by plaintiff. 

  A complaint may be dismissed by the plainti by ling a notice of dismissal at any time before service of the answer or of a motion for summary judgment. Upon such notice being led, the court shall issue an order conrming the dismissal. Unless otherwise stated in the notice, the dismissal is without prejudice, except that a notice operates as an adjudication upon the merits when led by a plainti who has once dismissed in a competent court an action based on or including the same claim.
• Section 2. Dismissal upon motion of plaintiff. (part 1)

  Except as provided in the preceding section, a complaint shall not be dismissed at the plainti's instance save upon approval of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon him or her of the plainti's motion for dismissal, the dismissal shall be limited to the complaint. 
• Section 2. Dismissal upon motion of plaintiff. (part 2)

  The dismissal shall be without prejudice to the right of the defendant to prosecute his or her counterclaim in a separate action unless within fteen (15) calendar days from notice of the motion he or she manifests his or her preference to have his or her counterclaim resolved in the same action. Unless otherwise specied in the order, a dismissal under this paragraph shall be without prejudice. A class suit shall not be dismissed or compromised without the approval of the court. 
• Section 3. Dismissal due to fault of plaintiff. (part 1)

  If, for no justiable cause, the plaintiff fails to appear on the date of the presentation of his or her evidence in chief on the complaint, or to prosecute his or her action for an unreasonable length of time, or to comply with these Rules or any order of the court, the complaint may be dismissed upon motion of the defendant or upon the court's own motion, without prejudice to the right of the defendant to prosecute his or her counterclaim in the same or in a separate action.
• Section 3. Dismissal due to fault of plaintiff. (part 2)

  This dismissal shall have the eect of an adjudication upon the merits, unless otherwise declared by the court. 
• Section 4. Dismissal of counterclaim, cross-claim, or third-party complaint.

  The provisions of this Rule shall apply to the dismissal of any counterclaim, cross-claim, or third-party complaint. A voluntary dismissal by the claimant by notice as in Section 1 of this Rule, shall be made before a responsive pleading or a motion for summary judgment is served or, if there is none, before the introduction of evidence at the trial or hearing.