Section 11.22 Voluntary Dismissals

• Library: Civil Trial Practice 2015 Supp

6. (§11.22) Voluntary Dismissals

Rule 67.02 provides that the plaintiff, without order of the court and anytime before the introduction of evidence at trial, may dismiss a case. A voluntary dismissal is effective as of the date it is filed. Thornton v. Deaconess Med. Ctr.-W. Campus, 929 S.W.2d 872 (Mo. App. E.D. 1996). A voluntary dismissal is without prejudice unless otherwise specified by the plaintiff. Although the plaintiff’s right to dismiss an action before submission without prejudice is not absolute, it should be freely granted and not lightly abridged. Daniel v....