The Federal Rules of Civil Procedure permit a plaintiff to voluntarily dismiss a claim without an order of the court by filing a motion of dismissal at any time ________.

Question

Quizplus · Accepted Answer

The correct timeframe for a plaintiff to voluntarily dismiss a claim without an order of the court is before the adverse party serves an answer or a motion for summary judgment. If the defendant serves an answer before the motion for summary judgment, the plaintiff can still file a motion for voluntary dismissal before the defendant serves the motion for summary judgment. Therefore, the correct answer is D, which states that the plaintiff can file a motion for voluntary dismissal before service by the adverse party of an answer or a motion for summary judgment, whichever of b or c that comes first.

The Federal Rules of Civil Procedure Permit a Plaintiff to Voluntarily