Supreme Court of Missouri
en banc

In re:

Repeal of subdivision 67.02, entitled “Voluntary Dismissal – Effect of,” of Supreme Court Rule 67, entitled “Dismissal of Civil Actions,” and in lieu thereof adoption of a new subdivision 67.02, entitled “Voluntary Dismissal – Effect of.”


1.  It is ordered that effective July 1, 2002, subdivision 67.02 of Rule 67 be and the same is hereby repealed and a new subdivision 67.02 adopted in lieu thereof to read as follows: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.

2.  It is 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.


____________________________
STEPHEN N. LIMBAUGH, JR.
Chief Justice