RULE CRLJ 41
                      DISMISSAL OF ACTIONS


    (a) Voluntary Dismissal.

    (1) Mandatory. Any action shall be dismissed by the court:
    (i) By stipulation. When all parties who have appeared so
stipulate in writing; or

    (ii) By plaintiff before resting. Upon motion of the
plaintiff at any time before plaintiff rests at the conclusion of
his opening case.

    (2) Permissive. After plaintiff rests after his opening case,
plaintiff may move for a voluntary dismissal without prejudice
upon good cause shown and upon such terms and conditions as the
court deems proper.

    (3) Counterclaim. If a counterclaim has been pleaded by a
defendant prior to the service upon him of plaintiffs motion for
dismissal, the action shall not be dismissed against the
defendants objection unless the counterclaim can remain pending
for independent adjudication by the court.

    (4) Effect. Unless otherwise stated in the order of
dismissal, the dismissal is without prejudice, except that an
order of dismissal operates as an adjudication upon the merits
when obtained by a plaintiff who has once dismissed an action
based on or including the same claim in any court of the United
States or of any state.

    (b) Involuntary Dismissal; Effect. For failure of the
plaintiff to prosecute or to comply with these rules or any order
of the court, a defendant may move for dismissal of an action or
of any claim against him.

    (1) Want of Prosecution on Motion of Party. Any civil action
shall be dismissed, without prejudice, for want of prosecution
whenever the plaintiff, counterclaimant, cross claimant, or third
party plaintiff neglects to note the action for trial or hearing
within 1 year after any issue of law or fact has been joined,
unless the failure to bring the same on for trial or hearing was
caused by the party who makes the motion to dismiss. Such motion
to dismiss shall come on for hearing only after 10 days' notice
to the adverse party. If the case is noted for trial before the
hearing on the motion, the action shall not be dismissed.

    (2) Dismissal on Clerk's Motion.

    (i) Notice. In all civil cases in which no action of record
has occurred during the previous 12 months, the clerk of the
court shall notify the attorneys of record by mail that the court
will dismiss the case unless, within 30 days following the
mailing of such, a party takes action of record or files a status
report with the court indicating the reason for inactivity and
projecting future activity and a case completion date. If the
court does not receive such a status report, it shall, on motion
of the clerk, dismiss the case without prejudice and without cost
to any party.

    (ii) Mailing Notice; reinstatement. The clerk shall mail
notice of impending dismissal not later than 30 days after the
case becomes eligible for dismissal because of inactivity. A
party who does not receive the clerk's notice shall be entitled
to reinstatement of the case, without cost, upon motion brought
within a reasonable time after learning of the dismissal.

    (iii) Discovery in Process.  The filing of a document
indicating that discovery is occurring between the parties shall
constitute action of record for purposes of this rule.

    (iv) Other Grounds for Dismissal and Reinstatement. This rule
is not a limitation upon any other power that the court may have
to dismiss or reinstate any action upon motion or otherwise.

    (3) Defendants Motion After Plaintiff Rests. After the
plaintiff, in an action tried by the court without a jury, has
completed the presentation of his evidence, the defendant,
without waiving his right to offer evidence in the event the
motion is not granted, may move for a dismissal on the ground
that upon the facts and the law the plaintiff has shown no right
to relief. The court as trier of the facts may then determine
them and render judgment against the plaintiff or may decline to
render any judgment until the close of all the evidence. If the
court renders judgment on the merits against the plaintiff, the
court shall make findings as provided in RALJ 5.2. Unless the
court in its order for dismissal otherwise specifies, a dismissal
under this subsection and any dismissal not provided for in this
rule, other than a dismissal for lack of jurisdiction, for
improper venue, or for failure to join a party under rule 19,
operates as an adjudication upon the merits.

    (c) Dismissal of Counterclaim, Cross Claim, or Third Party
Claim. The provisions of this rule apply to the dismissal of any
counterclaim, cross claim, or third party claim. A voluntary
dismissal by the claimant alone pursuant to subsection (a)(1) of
this rule shall be made before a responsive pleading is served
or, if there is none, before the introduction of evidence at the
trial or hearing.

    (d) Costs of Previously Dismissed Action. If a plaintiff who
has once dismissed an action in any court commences an action
based upon or including the same claim against the same
defendant, the court may make such order for the payment of
taxable costs of the action previously dismissed as it may deem
proper and may stay the proceedings in the action until the
plaintiff has complied with the order.

    (e) Notice of Settlements. If a case is settled after it has
been assigned for trial, it shall be the duty of the attorneys or
of any party appearing pro se to notify the court promptly of the
settlement. If the settlement is made within 5 days before the
trial date, the notice shall be made by telephone or in person.
All notices of settlement shall be confirmed in writing to the clerk.


[Amended effective September 1, 1997.]