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Rule 41 (a) (I) allows a plaintiff to dismiss his action without court order at any time before service by the adverse party of an answer or of a motion for summary judgment. Lower federal court decisions are in conflict over what constitutes an answer or a motion for summary judgment under this rule.
For example, Plaintiff may send Defendant a request for admission that states, ?Admit that the front of the vehicle you were operating struck the front of the vehicle the Plaintiff was operating on the date of the car crash.?
BACKGROUND NRCP 41(e)'s five-year rule provides that a district court shall dismiss an action not brought to trial within five years of the date on which the plaintiff filed the action, unless the parties stipulate, in writing, that the time for bringing the action to trial may be extended.
Under the ?two dismissal? rule of NRCP 41(a)(1)(i), a notice of dismissal will operate as an adjudication on the merits ?when filed by a plaintiff who has once dismissed in any court of the United States or of any state an action based on or including the same claim.?
Rule 34 - Producing Documents, Electronically Stored Information, and Tangible Things, or Entering Onto Land, for Inspection and Other Purposes (a) In General.
Typically, you may admit, deny, or claim that you neither admit nor deny a request. You may also partially agree with the request and disagree with the other. In such a case, you must indicate which part you admit to and which part you deny in your response.
Rule 41(b), of the Federal Rules of Civil Procedure, allows a court to dismiss an action sua sponte for failure to prosecute or for failure to comply with the federal rules or any court order.
If a plaintiff who previously dismissed an action in any court files an action based on or including the same claim against the same defendant, the court: (1) may order the plaintiff to pay all or part of the costs of that previous action; and (2) may stay the proceedings until the plaintiff has complied.