Rule 2.23. Dismissal/Withdrawal of Actions

(A) Voluntary Discontinuance - Effect Thereof.

(1) By Stipulation. A proceeding may be discontinued by a party without order of the court by: (a) filing a stipulation at any time before the adverse party has filed an answer or entry of appearance, or (b) filing a stipulation signed by all parties who have appeared in the proceeding.

(2) By Order of the Court. Except as provided in paragraph (1) of this section, a proceeding shall not be discontinued, nor a claim for trial withdrawn, at a party's insistence save upon order of the court after hearing, and upon such terms and conditions as the court deems proper. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.

(B) Involuntary Dismissal - Effect Thereof.

(1) By the Court. The court may, in its discretion, dismiss any proceeding for lack of prosecution on its own motion.

(2) On Motion of the Respondent. On motion of the respondent, the court may, in its discretion, dismiss any action for lack of prosecution as provided in paragraph

(B) (1) above.

(3) Effect. Unless the court in its order for dismissal otherwise specifies, a dismissal under paragraphs (B)(1) and (2) shall be with prejudice.