§41.5 Purpose and Procedure

• Jurisdiction: Washington

§41.5PURPOSE AND PROCEDURE

CR 41(a) allows a plaintiff the unilateral right to a voluntary dismissal until the time the plaintiff rests, subject to the limitation of CR41(a)(3). A voluntary dismissal "leave[s] the parties as if the action had never been brought." Beckman v. Wilcox, 96 Wn.App. 355, 359, 979 P.2d 890 (1999), review denied, 139 Wn.2d 1017 (2002). Notice of the motion to dismiss should be given to any party who appeared pro se or through counsel, but there is conflicting case law on the issue of what notice is required. CR 41(a) also allows the parties to stipulate to dismissal as an alternative method of obtaining a voluntary dismissal without consent of the court.

Caveat: Keep in mind that a voluntary dismissal may make the defendant a prevailing party, and use caution in drafting an order of dismissal "without prejudice

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