Rule 2-305. Dismissal of actions.

A. Voluntary dismissal; effect thereof. (1) An action may be dismissed by the plaintiff without order of the court (a) by filing a notice of dismissal at any time before service by the adverse party of an answer or other responsive pleading; or (b) by filing a stipulation of dismissal signed by all parties who have appeared generally in the action. (2) Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication on the merits when filed by a plaintiff who has once dismissed an action based on or including the same claim. (3) Except as provided in Subparagraph (1) of this paragraph, an action shall not be dismissed on motion of the plaintiff except on order of the court and on such terms and conditions as the court deems proper. If a counterclaim, cross-claim, or third- party claim has been filed by a party prior to the service on such party of the plaintiff’s motion to dismiss, the action shall not be dismissed against the party’s objection unless the counterclaim, cross-claim, or third-party claim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice. B. Involuntary dismissal; effect thereof. For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim against the defendant. After the plaintiff, in an action tried by the court without a jury, has completed the presentation of evidence, the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that on the facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then determine them and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. 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 for lack of jurisdiction or for improper venue, operates as an adjudication on the merits. 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. A voluntary dismissal by the claimant alone under Subparagraph (A)(1) of this rule shall be made before a responsive pleading is served, or if there is none, before the introduction of evidence at the trial or hearing. D. Dismissal for failure to prosecute. If an action has been pending for six (6) months from the date the complaint is filed, and the plaintiff or defendant asserting a counterclaim has failed to take any available steps to have the claims resolved, the court shall file and serve on the parties a thirty (30)-day notice stating that the court intends to dismiss the claims without prejudice for failure to prosecute. If the plaintiff or defendant asserting a counterclaim fails to take any available steps to bring the case to trial or otherwise prosecute the claims within thirty (30) days after service of the notice, the court shall dismiss the claims without prejudice. E. Costs of previously dismissed action. If a plaintiff who has once dismissed an action in any court commences an action based on or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the plaintiff has complied with the order.