RULE 41
                    DISMISSAL OF ACTIONS

    (a) Voluntary Dismissal.
    (1) Mandatory. Subject to the provisions of rules 23(e) and 23.1, any
action shall be dismissed by the court:
    (A) By stipulation. When all parties who have appeared so stipulate in
writing; or
    (B) 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 plaintiff's motion for dismissal, the
action shall not be dismissed against the defendant's 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 or her.
    (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.
    (A) Notice. In all civil cases in which no action of
record has occurred during the previous 12 months, the clerk of the
superior court shall notify the attorneys of record by mail
that the court will dismiss the case for want of prosecution
unless, within 30 days following the mailing of such notice,
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.
    (B) 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.
    (C) 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.
     (D) 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) Defendant's 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 rule
52(a). 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.