§41.4 Comparison with Federal Rule

• Jurisdiction: Washington

§41.4COMPARISON WITH FEDERAL RULE

FED. R. CIV. P. 41 and CR 41 contain similarly named sections addressing (a) voluntary dismissal; (b) involuntary dismissal; (c) dismissal of counterclaims, cross claims and third-party claims; and (d) costs of a previously dismissed action. There are significant differences between the two rules within each of the common sections. In contrast to the federal rule, CR 41 contains a fifth section, CR 41(e), which requires parties to notify the court of settlements.

(1)Voluntary dismissal

FED. R. CIV. P. 41(a) divides voluntary dismissals into those that can be obtained without a court order and those that require a court order. FED. R. CIV. P. 41(a)(1), (2). The filing of a voluntary dismissal notice automatically terminates the action. FED. R. CIV. P. 41(a)(1) (A). The state rule, however, provides for "dismissal by the court," but divides dismissals into those that are "mandatory" and those that are "permissive" by the court. CR 41(a)(1), (2). A dismissal under CR 41(a) may be obtained by stipulation of the parties or by motion of the plaintiff at any time before plaintiff rests at trial. CR 41(a)(1)(A), (B). Both federal and state rules contain provisions limiting dismissal of class actions and derivative suits. The federal rule also requires a court order to dismiss an action in which a receiver has been appointed under FED. R. CIV. P. 66.

Under the federal rule, a plaintiff may dismiss an action without a court order (1) by filing a notice of dismissal at any time before service by the adverse party of an answer or a motion for summary judgment, whichever first occurs, or (2) by filing a stipulation of dismissal signed by all parties who have appeared in the action. FED. R. CIV. P...