Rule 41. DISMISSAL OF PROCEEDINGS

(a) Voluntary Dismissal; Effect Thereof. (1) Probate Proceedings. No probate proceeding may be dismissed at the instance of the applicant or petitioner save upon the order of the court and upon such terms or conditions, including notice of a proposed dismissal to all interested persons, as the court deems proper. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice. (2) Civil Proceedings. Rule 41(a) of the Maine Rules of Civil Procedure governs procedure in civil proceedings in the Probate Courts. (b) Involuntary Dismissal; Effect Thereof. (1) Probate Proceedings. (A) On Court’s Own Motion. The Court, on its own motion, after notice to the parties, and in the absence of a showing of good cause to the contrary, shall dismiss any petition for want of prosecution at any time more than two years after the last docket entry showing any action taken therein by the petitioner, other than a motion for continuance. (B) In Formal Proceedings. In formal probate proceedings, any interested person may move for dismissal of the petition for failure of the petitioner to take any necessary step for two years or to comply with these rules or any order of Court. Unless the Court in its order for dismissal otherwise specifies, a dismissal under this paragraph and any dismissal not provided for in this rule, other than a dismissal from lack of jurisdiction or for improper venue, operates as an adjudication upon the merits. (2) Civil Proceedings. Rule 41(b) of the Maine Rules of Civil Procedure governs procedure in all civil proceedings in the Probate Courts. (c) Dismissal of Counterclaim, Cross-Claim, or Third-Party Claim. The provisions of this rule apply to the dismissal of any counterclaim, cross-claim, or third-party claim. (d) Costs of Previously Dismissed Proceeding. Rule 41(d) of the Maine Rules of Civil Procedure governs procedure in all formal probate and civil proceedings in the Probate Courts.