The Advisory Committee on Civil Rules proposed amendments to Federal Rule of Civil Procedure 41(a) to clarify and modernize voluntary dismissal practice, particularly in complex litigation involving multiple claims or parties. The proposed amendments would resolve a circuit split by permitting plaintiffs to voluntarily dismiss “one or more claims” rather than only entire actions and streamlining stipulations of dismissal by requiring signatures only from parties currently remaining in the case.

In February 2026, AAJ filed a formal comment supporting efforts to clarify voluntary dismissal procedures while urging the Committee to preserve plaintiffs’ flexible dismissal tools and existing safeguards. AAJ emphasized that voluntary dismissal mechanisms promote efficiency and fairness, cautioned against changes that could restrict plaintiffs’ strategic use of Rule 41(a), and highlighted the need to maintain balanced procedures that avoid imposing unnecessary burdens or creating litigation advantages for defendants.

 

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