Rule 41. Dismissal of actions

(a) Voluntary dismissal: --

(1) By plaintiff; by stipulation. -- Except as otherwise provided by statute, an action may be dismissed by the plaintiff without order of court by filing a notice of dismissal at any time before trial or before the service by the defendant of a demand for bill of particulars or other discovery or by filing a stipulation of dismissal signed by all the parties who appeared in the action. Unless otherwise stated in notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of any state an action based on or including the same claim.

(2) By order of Court. -- Except as provided in subsection (a) (1) of this rule, an action shall not be dismissed at the plaintiff's instance save upon order of the Court and upon such terms and conditions as the Court deems proper. If a counterclaim has been pleaded by the defendant prior to the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the Court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.

(b) Dismissal upon motion of defendant. -- For failure of the plaintiff to prosecute or to comply with these Rules or any order of Court, a defendant may move for dismissal of an action or of any claim against the defendant. After the plaintiff has completed a presentation of plaintiff's evidence, the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for dismissal on the ground that upon the facts and the law, the plaintiff has shown no right to relief. Upon such motion the Court may render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. Unless the Court in its order for dismissal otherwise specifies, a dismissal under this paragraph and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction, for improper venue, or for failure to prosecute, 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.

(d) Costs of a 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 costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action before the Court until the plaintiff has complied with the order.

(e) Sua sponte dismissal for failure to prosecute. -- In the case of any action which has been pending in a Justice of the Peace Court for more than 1 year without any proceedings having been taken therein during that year, the Court shall dismiss the action without prejudice and without prior notice for want of prosecution.

(f) Dismissal without prior notice. -- The Court may order a complaint, petition or appeal dismissed, sua sponte , without notice, when such complaint, petition or appeal manifestly fails on its face to invoke the jurisdiction of the Court and where the Court concludes, in the exercise of its discretion, that the giving of notice would serve no meaningful purpose and that any response would be of no avail.