Missouri Laws 510.130 – Voluntary dismissal — new trial
1. A plaintiff shall be allowed to dismiss his action without prejudice at any time before the same is finally submitted to the jury, or to the court sitting as a jury, or to the court, and not afterward. A plaintiff who has once so dismissed his action and thereafter files another action upon the same claim shall not be allowed to dismiss the same without prejudice after the jury has been impaneled, or after evidence has been introduced in a nonjury case, except
(1) Upon filing a stipulation to that effect signed by the opposite party; or
Terms Used In Missouri Laws 510.130
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) On order of the court made on special motion in which the ground for said dismissal shall be set forth and which shall be supported by affidavit.
2. No party, who has been granted a dismissal at his request after an adverse ruling of the trial court preventing a recovery on his part, shall as a matter of right be granted more than one new trial or more than one appeal on the ground that the adverse ruling of the trial court preventing a recovery on his part was erroneous.