Practice note 41b 2025

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After the plaintiff has completed the presentation of evidence, the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the claimant has shown no right to relief.
Mandate: Contents; Issuance and Effective Date; Stay. (a) Contents. Unless the court directs that a formal mandate issue, the mandate consists of a certified copy of the judgment, a copy of the courts opinion, if any, and any direction about costs.
41(b) (If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it.).
A court order is required for any relief under Rule 42(b)(1) or (2) beyond the dismissal of an appealincluding approving a settlement, vacating an action of the district court or an administrative agency, or remanding the case to either of them.
District Courts may dismiss with prejudice where the plaintiff acted irresponsibly or in bad faith, or where rehearing the claim would burden the court system.

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(1) In General. After receiving an affidavit or other information, a magistrate judgeor if authorized by Rule 41(b), a judge of a state court of recordmust issue the warrant if there is probable cause to search for and seize a person or property or to and use a tracking device.
Rule 41(a) (2) deals with a dismissal by order of the court, which may be upon such terms as the court deems proper. It further provides that voluntary dismissal cannot defeat a counterclaim already pleaded. A dismissal under this paragraph is without prejudice unless otherwise specified in the order.
Rule 41(b), of the Federal Rules of Civil Procedure, allows a court to dismiss an action sua sponte for failure to prosecute or for failure to comply with the federal rules or any court order. Larson v. Scott, 157 F.

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