A party in a civil lawsuit voluntarily may file a motion to dismiss the civil suit as long as there has not been a motion for summary judgement denied or heard by the court. It also may be filed if the case has not been submitted to a fact finder.
However, a lawsuit may be dismissed through an involuntary dismissal. This is done when the court enters an order because of failure to comply with a court order. An involuntary dismissal also may be filed after the opposing council has presented evidence if the party feels that there is failure to show right of relief.