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Rule 40 - Assignment of Cases for Trial (a) Methods. Courts shall provide for placing of actions upon the trial calendar (1) without request of the parties; or (2) upon request of a party and notice to the other parties; or, (3) in such other manner as the court deems expedient.
Under Rule 41 of the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss its claim ?without prejudice? prior to service by the defendant of an answer or motion for summary judgment, whichever occurs ?rst.
Rule 81(d) recognizes that there are certain actions and matters whose nature requires special rules of procedure. Basically these are matters of which the State has an interest in the outcome or which because of their mature should not subject a defendant/respondent to a default judgment for failure to answer.
Rule 41(a)(1) provides two methods by which a plaintiff may dismiss an action without obtaining the consent of the court: He may do so at any time by stipulation of all the parties; he may do so prior to service of an answer or of a motion for summary judgment by his own unilateral act of filing a notice of dismissal ...
Federal Rule of Civil Procedure 41(a) outlines the procedure for voluntary dismissals of ?an action? at the parties' request.
In a summary judgment, one party may contend there are no facts that need to be decided, or the parties may agree on what the facts are. Either side (and sometimes both sides) may bring a motion for summary judgment arguing that they are entitled to a judgment in their favor without a trial.
R. Civ. P. 14, a defending party must obtain leave of court only if it is filing a thirdparty complaint more than 14 days after serving its original answer.
If a plaintiff whose action has once been dismissed in any court commences an action based upon 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 ...