R.I. Fam. Ct. R. Dom. Rel. P. 41

(a) Voluntary Dismissal; Effect Thereof.

(1) By Plaintiff; By Stipulation. Subject to the provisions of Rule 66(j), and of

any statute of this state, an action may be dismissed by the plaintiff without order of

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.

(2) By Order of Court. Except as provided in paragraph (1) of this subdivision of

this rule, an action shall not be dismissed at the plaintiff's instance save upon order

of the court and upon such terms and conditions as the 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 shall not be dismissed against the

defendant's objection unless the counterclaim can remain pending for independent

adjudication by the court. Unless otherwise specified in the order, a dismissal under

this paragraph is without prejudice.

(b) Involuntary Dismissal; Effect Thereof.

(1) On Court's Own Motion. The court may, in its discretion, dismiss any action

for lack of prosecution where the action has been pending for more than five (5)

years, or, at any time, for failure of the plaintiff to comply with these rules. Notice

that an action will be in order for dismissal on a day certain shall be served upon the

plaintiff's attorney of record and upon the plaintiff if the plaintiff's address is known.

If there is no attorney of record and if the plaintiff's address is not known, such notice

shall be published as directed by the court in accordance with statutory provisions.

(2) On Motion of the Defendant. On motion of the defendant the court may, in its

discretion, dismiss any action for failure of the plaintiff to comply with these rules

or any order of court or for lack of prosecution as provided in paragraph (1) of this

subdivision. After the plaintiff has completed the presentation of the plaintiff's

evidence, the defendant, without waiving the defendant's right to offer evidence in

the event the motion is not granted, may move for a dismissal on the ground that

upon the facts and the law the plaintiff has shown no right to relief. The court may

then determine them and render judgment against the plaintiff or may decline to

render any judgment until the close of all the evidence. If the court renders judgment

on the merits against the plaintiff, the court shall make findings as provided in Rule

52(a).

(3) Effect. Unless the court in its order for dismissal otherwise specifies, a

dismissal under this subdivision (b) and any dismissal not provided for in this rule,

other than a dismissal for lack of jurisdiction or for improper venue or for lack of an

indispensable party, operates as an adjudication upon the merits.

(c) Dismissal of Counterclaim or Cross-claim. The provisions of this rule apply

to the dismissal of any counterclaim or cross-claim. A voluntary dismissal by the

claimant alone pursuant to paragraph (1) of subdivision (a) of this rule shall be made

before a responsive pleading or a motion for summary judgment is served or, if there

is neither, before the introduction of evidence at the trial or hearing.

(d) Costs of Previously Dismissed Action. If a plaintiff who has once dismissed

an action in any court commences an action based on or including the same claim

against the same defendant, the 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.