What is the two dismissal rule in Massachusetts?

The two dismissal rule will effect only a slight change in Massachusetts practice. While a discontinuance would not operate as res judicata unless a judgment had been rendered on the merits, Pontiff v. Alexander, 320 Mass. 514, 516 (1946), the statute of limitations eventually terminated the right of action.

Can a dismissal be filed without an order of court?

Under Rule 41 (a) (1), the plaintiff may dismiss without order of court merely by filing a notice of dismissal prior to an answer or a motion for summary judgment. Thereafter dismissal by the plaintiff, without court order, requires the filing of a stipulation signed by all parties.

Can a notice of dismissal be dismissed by stipulation?

If, however, the plaintiff has previously dismissed the same claim in any state or federal court, a notice of dismissal operates as an adjudication on the merits. The two dismissal rule applies automatically only to a notice of dismissal. It does not so apply if the second dismissal is (a) by stipulation (Cornell v.

When does a claimant make a voluntary dismissal?

A voluntary dismissal by the claimant alone pursuant to paragraph (1) of subdivision (a) of this rule shall be made before a responsive pleading or a motion for summary judgment is served, whichever first occurs, or, if there is none, before the introduction of evidence at the trial or hearing.

What’s the mass district court notice of voluntary dismissal?

District Court notice of voluntary dismissal (Mass. R. Civ. P. 41 (a) (1) (i)) Certification by parties for out-of-court case management conference in Springfield District Court

When does clerk-magistrate issue notice of dismissal?

Upon determining noncompliance, the Clerk-Magistrate shall issue notice of dismissal of the action as provided by Rule 4 (j).