Topic: a dismissal under rule 41(a)(1) is effective on filing, no … · Go Syfert
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Topic #24908

2 canonical passages across 2 cases, quoted by 16 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Pedrina v. Chun.

#Case FlagCanonical passage Citers
1 Pedrina v. Chun Anchor
· 1993
green “a dismissal under rule 41(a)(1) is effective on filing, no court order is required, the parties are left as though no action had been brought, the defendant can't complain, and the 1 district court lacks jurisdiction to do anything about it.” 8
2 Commercial Space Management Company, Inc. v. The Boeing Company, Inc.
ca9 · 1999
green “under rule 41(a)(1)(a)(i), 'a plaintiff has an absolute right to voluntarily dismiss his 22 action prior to service by the defendant of an answer or a motion for summary judgment.” 8

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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