Civil Procedure Multistate Bar Practice Exam

Under what condition can a party voluntarily dismiss a case without a court order?

1. Before the defendant has served an answer or motion for summary judgment

2. At any point in the litigation

3. Only with the agreement of the defendant

4. Only if the judge approves

The correct answer is: Before the defendant has served an answer or motion for summary judgment

A party can voluntarily dismiss a case without a court order if this occurs before the defendant has served an answer or a motion for summary judgment. This rule is rooted in the idea that the case is still in its early stages, and the defendant has not yet engaged in substantive arguments or defenses that could complicate the dismissal process. The ability to voluntarily dismiss in this manner allows plaintiffs to withdraw their complaint without requiring judicial intervention, fostering a more efficient and flexible legal process. Other scenarios, such as dismissing a case after the defendant has responded or reaching some agreement with the defendant, involve additional procedures or requirements that may necessitate court approval or the cooperation of the opposing party. Therefore, the stipulation surrounding the timing of the dismissal is crucial in determining the conditions under which it can be executed without court oversight.