Voluntary dismissal is the termination of a lawsuit due to a withdrawal from the case by the plaintiff, the person who initially filed the case. Voluntary dismissal occurs before the court where the plaintiff must formally withdraw the case he brought forth.
A voluntary dismissal may be made by the plaintiff alone or along with the defendant, based on an arranged stipulation between the two parties. A voluntary dismissal must occur before the defendant makes any court action. If the defendant has already made a formal court action, the defendant must sign an agreement of dismissal, or the plaintiff can seek a court order to carry out the dismissal.