Rule 10-145. Dismissal of actions.

A. Voluntary dismissal; effect thereof. (1) In any action except a delinquency proceeding, the action may be dismissed by the petitioner without order of the court: (a) by filing a notice of dismissal at any time before commencement of the adjudicatory hearing; or (b) by filing a stipulation of dismissal signed by all parties in the action. (2) The children's court attorney may dismiss a delinquency petition or a petition to revoke probation, at any time prior to commencement of the adjudicatory hearing, without order of the court. B. Involuntary dismissal; effect thereof. For failure of the petitioner to comply with these rules or any order of court, a respondent may move for dismissal of an action or of any claim against the respondent. 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, for improper venue, or for failure to join a party under Rule 10-121 NMRA, operates as an adjudication upon the merits. C. Dismissal of requests for affirmative relief by parties other than the petitioner. The provisions of this rule apply to the dismissal of any request for affirmative relief by any party other than the petitioner. A voluntary dismissal without leave of the court by the party requesting such relief shall be made before a response is served, or if there is no response, before the introduction of evidence at the adjudicatory hearing.