Rule 67 | Dismissal of Civil Actions

First Adopted: January 19, 1973

Most Recently Effective: January 01, 1994

Rule 67 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Dismissal of Civil Actions

67.01 | Dismissal Without Prejudice and With Prejudice

A dismissal without prejudice permits the party to bring another civil action for the same cause, unless the civil action is otherwise barred. A dismissal with prejudice bars the assertion of the same cause of action or claim against the same party.


(Adopted January 19, 1973, effective September 1, 1973. Amended June 5, 1980, effective January 1, 1981; amended June 1, 1993, effective January 1, 1994.)

First Adopted: January 19, 1973

Most Recently Effective: January 01, 2007

Rule 67 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Dismissal of Civil Actions

67.02 | Voluntary Dismissal – Effect of

(a) Except as provided in Rule 52, a civil action may be dismissed by the plaintiff without order of the court anytime:

(1) Prior to the swearing of the jury panel for the voir dire examination, or

(2) In cases tried without a jury, prior to the introduction of evidence at the trial.

A party who once so dismisses a civil action and thereafter files another civil action upon the same claim shall be allowed to dismiss the same without prejudice only:

(1) Upon filing a stipulation to that effect signed by the opposing party, or

(2) On order of the court made on motion in which the ground for dismissal shall be set forth.

(b) Except as provided in Rule 67.02(a), an action shall not be dismissed at the plaintiff's instance except upon order of the court upon such terms and conditions as the court deems proper.

(c) A voluntary dismissal under Rule 67.02(a) shall be without prejudice unless otherwise specified by the plaintiff. Any other voluntary dismissal shall be without prejudice unless otherwise specified by the court or the parties to the dismissal.

(d) If a plaintiff who has once dismissed a civil action in any court commences a civil action based upon or including the same claim against the same defendant, the court may make an order for the payment of any unpaid costs of the civil action previously dismissed. In addition, if the plaintiff dismissed the previous civil action without prejudice within ten days of the date set for trial, the court may make an order for the payment of witness and other expenses, not including attorney fees, incurred by any other party that are caused to be incurred for the second trial because of the dismissal without prejudice of the previous civil action. The court may stay the proceedings in the civil action until the plaintiff has complied with any such order.


(Adopted January 19, 1973, effective September 1, 1973. Amended June 1, 1993, effective January 1, 1994; amended September 28, 1993, effective January 1, 1994; amended August 21, 2001, effective July 2, 2002; amended June 13, 2002, effective July 1, 2022; amended June 27, 2006, effective January 1, 2007.)

First Adopted: January 19, 1973

Most Recently Effective: January 01, 1994

Rule 67 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Dismissal of Civil Actions

67.03 | Involuntary Dismissal – Effect Thereof

A defendant may move for an involuntary dismissal of the civil action for lack of jurisdiction, for prematurity of action, for failure to substitute a party for a decedent and for such other dismissals as are allowed by these Rules 41 through 101. Defendant may also move for an involuntary dismissal of the civil action for failure of the plaintiff to prosecute or to comply with these Rules 41 through 101 or any order of the court. Any involuntary dismissal shall be without prejudice unless the court in its order for dismissal shall otherwise specify.


(Adopted January 19, 1973, effective September 1, 1973. Amended June 1, 1993, effective January 1, 1994.)

First Adopted: January 19, 1973

Most Recently Effective: September 01, 1973

Rule 67 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Dismissal of Civil Actions

67.04 | Dismissal of Counterclaim, Cross-Claim or Third-Party Clam – Rules Applicable

The provisions of Rules 67.01, 67.02, 67.03 and 67.05 apply to the dismissal of any counterclaim, cross-claim or third-party claim.

Committee Note – 1974

This is the same as prior Rule 67.04.



(Adopted January 19, 1973, effective September 1, 1973.)

First Adopted: January 19, 1973

Most Recently Effective: January 01, 1998

Rule 67 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Dismissal of Civil Actions

67.05 | Dismissal of Plaintiff's Civil Action – Effect on Counterclaim, Cross-Claim, and Ancillary Matters

No dismissal, voluntary or involuntary, of a plaintiff's civil action shall operate to dismiss a previously filed counterclaim or cross-claim. No dismissal, voluntary or involuntary, of a plaintiff's civil action shall operate to discontinue any ancillary matter pending before the court. If an ancillary matter is not ruled on within ninety days after the dismissal, it is denied.


(Adopted January 19, 1973, effective September 1, 1973. Amended June 1, 1993, effective January 1, 1994; amended June 17, 1997, effective January 1, 1998.)

First Adopted: January 19, 1973

Most Recently Effective: September 01, 1973

Rule 67 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Dismissal of Civil Actions

67.06 | Final Dismissal on Failure to Amend

On sustaining a motion to dismiss a claim, counterclaim or cross-claim the court shall freely grant leave to amend and shall specify the time within which the amendment shall be made or amended pleading filed. If the amended pleading is not filed within the time allowed, final judgment of dismissal with prejudice shall be entered on motion except in cases of excusable neglect; in which cases amendment shall be made promptly by the party in default.

Committee Note – 1974

This is the same as prior Rule 67.05.



(Adopted January 19, 1973, effective September 1, 1973.)

First Adopted: January 19, 1973

Most Recently Effective: January 01, 1994

Rule 67 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Dismissal of Civil Actions

67.07 | [REPEALED]

[Repealed effective January 1, 1994.]


(Adopted January 19, 1973, effective September 1, 1973. Repealed June 1, 1993, effective January 1, 1994.)