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Federal Litigation Guide
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

1-6 Federal Litigation Guide 6.syn


Voluntary Dismissals and Dismissals for Failure to Prosecute


Members of the Firm of Jenner & Block, LLC, Chicago, Illinois: Michael T. Brody, Robert L. Byman, Timothy J. Chorvat, Clark C. Johnson, C. John Koch, Barry Levenstam, Matthew M. Neumeier, Jeffrey T. Sham, Jerold S. Solovy, and Howard S. Suskin.

Chapter Summary


This chapter discusses voluntary and involuntary dismissal of claims and parties under Rule 41 of the Federal Rules of Civil Procedure. The chapter explains which actions and parties may be voluntarily dismissed without court approval, how to draft a notice of voluntary dismissal, how to draft a stipulation of voluntary dismissal, and the effect of voluntary dismissal. The chapter also considers issues that may arise after a voluntary dismissal, voluntary dismissal by court order when dismissal by notice or stipulation is unavailable, effects of voluntary dismissal by court order, grounds for involuntary dismissal, procedures for filing or opposing motions for involuntary dismissal, and effects of involuntary dismissal. The chapter covers additional issues relating to voluntary and involuntary dismissals, including procedures for filing and drafting dismissals, and the effect of filing dismissals.

This chapter also includes the following forms to assist counsel with voluntary dismissals and failure to prosecute: notice of voluntary dismissal, stipulation of voluntary dismissal, notice of motion for voluntary dismissal, and notice of motion to dismiss for failure to prosecute or failure to comply with court order or federal rules.

Federal Litigation Guide is the comprehensive how-to guide for federal litigation. It provides in depth, detailed discussions of virtually all procedures and practices of federal litigation. The treatise chronologically covers the litigation process from pretrial through trial and post trial. Among the topics covered are: pleadings, the mechanics of motion practice, Rule 12 motions, injunctions, sanctions, planning and preparation for discovery, interrogatories, document production, requests to admit, trial planning and preparation, trial briefs, witness exclusion, opening statements, direct and cross examination, objections, jury instructions, class actions, damages, appeals to the court of appeals, settlements, and court-sponsored alternative dispute resolution.


Federal litigation,voluntary dismissal of claims,involuntary dismissal of claims,Federal Rules of Civil Procedure,federal civil rules,Rule 41,stipulation of voluntary dismissal,voluntary dismissal by court order,filing dismissals,voluntary dismissals for failure to procedure,failure to prosecute,failure to comply with court order,failure to comply with federal rules


For discussions related to Voluntary Dismissals and Dismissals for Failure to Prosecute see Ch. 3, Rule 12 Motions.


For expanded coverage of voluntary dismissals and dismissals for failure to prosecute, see Moore's Federal Practice (Matthew Bender) Ch. 41, Dismissals of Actions.

See Bender's Federal Practice Forms (Matthew Bender) for a comprehensive set of civil and criminal litigation forms for practice in any federal court.
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