RULES OF CIVIL PROCEDURE - Supreme Court

(3) Adjudication on the merits; exception. A dismissal under division (B) of thisrule and any dismissal not provided for in this rule, except as provided in division (B)(4) of thisrule, operates as an adjudication upon the merits unless the court, in its order for dismissal,otherwise specifies.(4) Failure other than on the merits. A dismissal for either of the following reasonsshall operate as a failure otherwise than on the merits:(a)lack of jurisdiction over the person or the subject matter;(b) failure to join a party under Civ. R. 19 or Civ. R. 19.1.(C) Dismissal of counterclaim, cross-claim, or third-party claim. The provisionsof this rule apply to the dismissal of any counterclaim, cross-claim, or third-party claim. Avoluntary dismissal by the claimant alone pursuant to division (A)(1) of this rule shall be madebefore the commencement of trial.(D) Costs of previously dismissed action. If a plaintiff who has once dismissed aclaim in any court commences an action based upon or including the same claim against the samedefendant, the court may make such order for the payment of costs of the claim previouslydismissed as it may deem proper and may stay the proceedings in the action until the plaintiff hascomplied with the order.[Effective: July 1, 1970; amended effective July 1, 1971; July 1, 1972; July 1, 2001.]Staff Note (July 1, 2001 Amendment)Civil Rule 41Dismissal of ActionsThis rule was amended (1) to reflect more precisely its interpretation by the Supreme Court inDenham v. City of New Carlisle, 86 Ohio St. 3d 594 (1999); (2) to conform Civ. R. 41(D) with Civ. R. 41(A)as amended; and (3) to reflect that Civ. R. 23.1 provides that a shareholder derivative action “shall not bedismissed or compromised without the approval of the court.”In divisions (B) and (C), masculine references were changed to gender-neutral language, the styleused for rule references was changed, and other grammatical changes were made. No substantiveamendment to divisions (B) and (C) was intended.