Massachusetts Stipulation of Dismissal (Rule 41(a)(1)(ii)) is a legal agreement between the plaintiff and defendant in a civil lawsuit that allows for a dismissal of the entire case without prejudice. This agreement is created when both parties come to an agreement on the resolution of the case. The stipulation must be signed by both parties and the court must approve it before the case can be dismissed. There are two types of Massachusetts Stipulation of Dismissal (Rule 41(a)(1)(ii)): with prejudice and without prejudice. A dismissal with prejudice is a dismissal of the case that prevents the plaintiff from bringing the same or a similar lawsuit in the future, while a dismissal without prejudice allows the plaintiff to bring the same or a similar lawsuit in the future.
Massachusetts Stipulation of Dismissal (Rule 41(a)(1)(ii)
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FAQ
Rule 41(a)(1)(A)(i) permits voluntary dismissal by the plaintiff without leave of court by filing ?a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment?? Id.
Rule 41(b)(2) provides for involuntary dismissal upon motion of the defendant on one of two grounds: (1) failure to comply with the rules or any order of the court; or (2) in an action tried without a jury, if, upon the facts and the law, the plaintiff has shown no right to relief.
?With prejudice? means that you cannot re-file your case ever. ?Without prejudice? means that you can re-file your case at a later date (as long as you are still within the statute of limitations).
In the formal legal world, a court case that is dismissed with prejudice means that it is dismissed permanently. A case dismissed with prejudice is over and done with, once and for all, and can't be brought back to court. A case dismissed without prejudice means the opposite. It's not dismissed forever.
If you were sued before filing bankruptcy, you may receive a ?Stipulation for Dismissal? or similar document from the creditor that sued you at some point after filing your Chapter 7 case. It's basically an ?agreement? letting the judge know that the court can dismiss (end/close) the case pending against you.
When a court dismisses an action, they can either do so ?with prejudice? or ?without prejudice.? Dismissal with prejudice means that the plaintiff cannot refile the same claim again in that court.
A case that is ?dismissed with prejudice? is completely and permanently over. A case will be dismissed with prejudice if there is reason for the case not to be brought back to court; for example, if the judge deems the lawsuit frivolous or the the matter under consideration is resolved outside of court.
Sometimes a court cannot provide relief to a plaintiff and the case must be dismissed with prejudice. For example, if plaintiff claims that defendant defeated her in tennis and hurt her feelings, the claim would have to be dismissed because feeling bad over a tennis match is not a cause of action.