(1) By Plaintiff; by Stipulation. A civil action may be dismissed by the plaintiff without order of Tribal Court: (A) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs or (B) by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in the Tribal Court an action based on or including the same claim.

(2) By Order of Tribal Court. Except as provided in subsection (1) of this chapter, an action shall not be dismissed at the plaintiff’s insistence except upon order of the Tribal Court and upon such terms and conditions as the Tribal Court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon the defendant of the plaintiff’s motion to dismiss the action, the counterclaim shall not be dismissed against the defendant’s objection unless the counterclaim can remain pending for independent adjudication by the Tribal Court. Unless otherwise specified in the order, a dismissal under this subsection is without prejudice.

(3) Involuntary Dismissal: Effect Thereof. For failure of the plaintiff to prosecute or to comply with these Rules or any order of Tribal Court, a defendant may move for dismissal of an action or of any claim against the defendant. Unless the Tribal Court in its order for dismissal otherwise specifies, a dismissal under this subsection and any dismissal not provided for in this chapter, other than a dismissal for lack of jurisdiction, for improper venue, or for failure to join a party, operates as an adjudication upon the merits.

(4) Dismissal of Counterclaim, Cross-Claim, or Third-Party Claim. The provisions of this chapter apply to the dismissal of any counterclaim, cross-claim, or third-party claim.

(5) Costs of Previously Dismissed Action. If a plaintiff who has once dismissed an action in Tribal Court commences an action based upon or including the same claim against the same defendant, the Tribal Court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the plaintiff has complied with the order. [Res. 24-44, 2024.]