Supreme Court of Missouri
en banc

In re:



1.  By order of August 21, 2001, this Court adopted a new subdivision 67.02 of Rule 67.  The order is included in volume 58 - 59 South Western Reporter, Third, Missouri Cases series, beginning at page XX.  The Court hereby corrects the order so that only subdivision (a) of subdivision 67.02 is repealed and a new subdivision (a) adopted in lieu thereof.  Subdivisions (b), (c), and (d) of subdivision 67.02 are not repealed and remain in effect.  Effective July 1, 2002, subdivision 67.02 shall read as follows:

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. 

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.

 2.  It is ordered that notice of this order be published in the Journal of The Missouri Bar.

3.  It is ordered that this order be published in the South Western Reporter.

Day - to - Day

___________________________
STEPHEN N. LIMBAUGH, JR.
Chief Justice