RULE 41. DISMISSAL OF ACTION.

1. Any civil action may be dismissed by the Plaintiff without Order of the Court by filing a notice of dismissal at any time before services by the adverse party of a responsive pleading or of a motion for summary judgment, or 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.
2. Except as provided in Rule 41(a), no action shall be dismissed at the Plaintiff’s request except on Order of the Court and upon such terms and conditions as the Court deems proper.  If a counterclaim, crossclaim, or third party claim has been pleaded prior to the service upon such person of the Plaintiff’s motion to dismiss, the action shall be dismissed over the Defendant’s objection or the third party’s objection unless the counterclaim or third party claim can remain pending for independent adjudication by the Court.  Unless otherwise specified in the Order, a dismissal under this paragraph is without prejudice.
3. If the Plaintiff fails to prosecute or substantially comply with this chapter or any Order of the Court, a Defendant may move for dismissal of an action or any claim against him.  After the Plaintiff in an action tried to the Court has completed presentation of his case, the Defendant may move for dismissal on the grounds that upon the facts presented or the law, the Plaintiff has shown no right to relief.  The Court may rule on the motion at that time or may decline to rule on the motion until the close of all the evidence.  If the Court renders judgment on the motion against the Plaintiff, the Court shall enter findings of fact and conclusions of law establishing the reason for his ruling.  A dismissal under this section, other than a dismissal for lack of jurisdiction or failure to join a party, operated as an adjudication on the merits.
4. The Court on its own motion may dismiss any action where the records of the Clerk of Courts indicate that the case has been inactive for a period of two (2) years.