The two-dismissal rule is a principle in civil procedure that affects the consequence of a plaintiff's repeated dismissal of an action. Generally, a plaintiff may dismiss their complaint without prejudice by filing a notice of dismissal before the defendant serves an answer or a motion for summary judgment, and the court issues an order confirming it. However, the two-dismissal rule provides an exception to this general rule, causing the second dismissal by the plaintiff to operate as an adjudication on the merits.
Requisites for Application
For the two-dismissal rule to apply, the following requisites must be present:
- The plaintiff previously commenced an action in a competent court.
- The action previously commenced is based on or includes the same claim which is the subject matter of the second action.
- The plaintiff dismissed the previous action either by notice or by motion.
Essentially, if a plaintiff voluntarily dismisses an action based on a certain claim, and then files a second action based on the same claim in a competent court and again voluntarily dismisses it, the second dismissal triggers the rule.
Effect of the Rule
The primary effect of the two-dismissal rule is that the second dismissal operates as an adjudication on the merits. This is a departure from the general rule that a plaintiff's voluntary dismissal by notice before an answer or summary judgment motion is without prejudice. When a dismissal is an adjudication on the merits, it bars the refiling of the same action or claim under the principle of res judicata. This is because the action has been definitively decided, even if the court did not actually hear evidence or issue a ruling after trial.
Distinguishing from Defendant's Dismissal
It is important to note that the two-dismissal rule applies specifically to dismissals initiated by the plaintiff. The rule does not apply if the prior dismissal was done at the instance of the defendant. The focus is on the plaintiff's repeated voluntary abandonment of an action based on the same claim.
The rule is anchored in jurisprudence which clarifies that the principle applies because the action has already been previously dismissed twice by the plaintiff in a competent court regarding the same or included claim. The underlying purpose is to prevent multiplicitous suits and discourage vexatious litigation.