§ RULE 2-506 VOLUNTARY DISMISSAL

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RULE 2-506. VOLUNTARY DISMISSAL

    (a) By Notice of Dismissal or Stipulation. Except as otherwise provided in these rules or by statute, a party who has filed a complaint, counterclaim, cross-claim, or third-party claim may dismiss all or part of the claim without leave of court by filing (1) a notice of dismissal at any time before the adverse party files an answer or (2) a stipulation of dismissal signed by all parties to the claim being dismissed.

    (b) By Order of Court. Except as provided in section (a) of this Rule, a party who has filed a complaint, counterclaim, crossclaim, or third-party claim may dismiss the claim only by order of court and upon such terms and conditions as the court deems proper. If a counterclaim has been filed before the filing of a plaintiff's motion for voluntary dismissal, the action shall not be dismissed over the objection of the party who filed the counterclaim unless the counterclaim can remain pending for independent adjudication by the court.

    (c) Effect. Unless otherwise specified in the notice of dismissal, stipulation, or order of court, a dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a party who has previously dismissed in any court of any state or in any court of the United States an action based on or including the same claim.

    (d) Costs. Unless otherwise provided by stipulation or order of court, the dismissing party is responsible for all costs of the action or the part dismissed.

    Cross reference: See Code, Courts Article, § 7-202. For settlement of suits on behalf of minors, see Code, Courts Article, § 6-405 and Rule 2-202. For settlement of a claim not in suit asserted by a parent or person in loco parentis under a liability insurance policy, see Code, Insurance Article, § 19-113.

    Source: This Rule is derived as follows:

    Section (a) is derived in part from the 1968 version of Fed. R. Civ. P. 41 (a) (1) and is in part new.

    Section (b) is derived from former Rule 541 b and the 1968 version of Fed. R. Civ. P 41 (a) (2).

    Section (c) is derived from former Rule 541 c.

    Section (d) is derived from former Rules 541 d and 582 b.