This sample notice of voluntary dismissal under Rule 41(a)(1)(A)(i) in United States District Court can be used a by a plaintiff to dismiss their case before a defendant has filed an answer or motion for summary judgment. The sample includes brief instructions and a proof of service. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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Any Attorney or Party
Any Street
Any City, CA 99999
555-555-5555
Any Attorney or Party
UNITED STATES DISTRICT COURT
_______ DISTRICT OF ______________
Any Plaintiff,
Plaintiff,
vs.
Any Defendants,
Defendants.
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Case No.
NOTICE OF VOLUNTARY DISMISSAL UNDER
FEDERAL RULE OF CIVIL PROCEDURE 41(a)
(1)(A)(i)
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FEDERAL RULE OF
CIVIL PROCEDURE 41(a)(1)(A)(i)
TO DEFENDANTS, _________________________________, AND THEIR ATTORNEYS
OF RECORD:
Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff,
_________________, and or their counsel of record, hereby give notice that the above-entitled action
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NOTICE OF VOLUNTARY DISMISSAL UNDER RULE 41(a)(1)(A)(i)

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is voluntarily dismissed, with prejudice or without prejudice against Defendant(s)
______________________.
Dated_________________________ _______________________________________
ANY ATTORNEY OR PARTY
Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation. Note that you CANNOT file this notice if
the defendant has filed an answer or a motion for summary judgment.
See Rule 41 here: https://www.law.cornell.edu/rules/frcp/rule_41
If the defendant has already filed an answer or motion for
summary judgment you need to file a motion for voluntary dismissal
under Rule 41(a(2) which you can view here:
https://www.scribd.com/document/348574982/Sample-Motion-for-
Voluntary-Dismissal-Under-Rule-41-1-2-in-United-States-District-
Court
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NOTICE OF VOLUNTARY DISMISSAL UNDER RULE 41(a)(1)(A)(i)

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PROOF OF SERVICE
I am over the age of 18 and not a party to this action.
I am a resident of or employed in the county where the mailing occurred; my
business/residence address is: ADDRESS OF PERSON SERVING PAPERS.
On ____________________ I served the foregoing document(s) described as: NOTICE OF
VOLUNTARY DISMISSAL UNDER FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)
(i) to the following parties:
NAME AND ADDRESS OF ATTORNEY FOR OTHER PARTY OR OTHER PARTY
[X] (By U.S. Mail) I deposited such envelope in the mail at ______________,
________ with postage thereon fully prepaid. I am readily familiar with the
firm’s practice of collection and processing correspondence for mailing. Under
the practice it would be deposited with U.S. Postal Service on that same day
with postage thereon fully prepaid at _________, _______ in the ordinary
course of business. I am aware that on motion of the party served,
service is presumed invalid if postal cancellation date or postage meter
date is more than one day after date of deposit for mailing in affidavit.
[ ] (By Personal Service) I caused such envelope to be delivered by hand via
messenger service to the address above;
[ ] (By Facsimile) I served a true and correct copy by facsimile during regular
business hours to the number(s) listed above. Said transmission was reported
complete and without error.
I declare under penalty of perjury under the laws of the United States of America and
the State of ____ that the foregoing is true and correct.
DATED: ______________ _________________________________________
NAME OF PERSON SERVING PAPERS
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NOTICE OF VOLUNTARY DISMISSAL UNDER RULE 41(a)(1)(A)(i)