CV — Notice of Voluntary Dismissal (Rule 41)

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01 ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

Email *

02 CASE INFORMATION

File No. *

County *

Division

Plaintiff *

Defendant *

03 DISMISSAL TYPE

Type of Dismissal *

VOLUNTARY DISMISSAL WITHOUT PREJUDICE

Which Voluntary Dismissal Is This for the Same Claim? *

⚠ SECOND VOLUNTARY DISMISSAL — Under Rule 41(a)(1), a second voluntary dismissal of the same claim operates as a dismissal WITH PREJUDICE, regardless of the type selected above. The case cannot be refiled.

First voluntary dismissal without prejudice: may refile within 1 year (NC tolling, G.S. 1-25).

04 CERTIFICATIONS

Have All Parties Been Served with the Complaint? *

Voluntary dismissal is available before service of answer or motion for summary judgment (whichever occurs first).

Is a Counterclaim Pending in This Action? *

⚠ COUNTERCLAIM PENDING — Plaintiff cannot dismiss without prejudice if a counterclaim is pending and cannot be independently adjudicated. You must obtain Defendant's written consent or a court order. See Rule 41(a)(2).

Has Opposing Counsel Been Served with This Notice? *

05 PLAINTIFF STATEMENT

Reason for Dismissal (optional — not required but useful for the record)

06 CERTIFICATE OF SERVICE

Served Upon *

Date of Service *

Method of Service

Service Address / Details

SELECTED COUNTY

— Select above —

⚠ NO JUDGE SIGNATURE NEEDED

Filing this Notice automatically dismisses the case under Rule 41(a)(1). You do not need to appear in court or obtain a judge's signature. The dismissal is effective upon filing.

WITHOUT PREJUDICE — 1-YEAR RULE

If dismissed without prejudice, you may refile the same claims within 1 year of the dismissal date (G.S. 1-25 tolling provision)
The statute of limitations is tolled — you do not lose time on the underlying claim
After 1 year, the statute of limitations resumes and the window may close
Mark your calendar: the 1-year window is firm

SECOND DISMISSAL RULE

A second voluntary dismissal of the same claim in any court is automatically WITH PREJUDICE under Rule 41(a)(1)
This applies even if you select "without prejudice" — the rule overrides the election
Count all prior voluntary dismissals of the same claim in any court
If this is your second dismissal, the claim is permanently extinguished

COUNTERCLAIM RESTRICTION

If defendant has filed a counterclaim that cannot stand independently, you cannot voluntarily dismiss under Rule 41(a)(1)
You must obtain defendant's written consent or file a motion under Rule 41(a)(2)
If no counterclaim exists (or it can stand independently), standard voluntary dismissal applies

STATUTORY REFERENCE

G.S. 1A-1, Rule 41(a)(1)Voluntary dismissal by notice

G.S. 1A-1, Rule 41(a)(2)Voluntary dismissal by order

G.S. 1-251-year tolling provision

Rule 41 — 2nd dismissalAuto with prejudice

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