§ 12-684.1. Action brought pursuant to Affordable Access to Health Care Act – Dismissal without order of court.

A.  A medical liability action brought pursuant to the Affordable Access to Health Care Act shall only be dismissed, on the payment of costs and without an order of court:

1.  By the plaintiff, before the later of the completion of discovery or the court’s ruling on a motion for summary judgment;

2.  By the plaintiff at any time before a petition for intervention or answer praying for affirmative relief against the plaintiff is filed in the action.  The plaintiff may, at any time before the trial is commenced, on payment of the costs and without any order of the court, dismiss the action after the filing of a petition for intervention or answer praying for affirmative relief, but such dismissal shall not prejudice the right of the intervenor or defendant to proceed with the action.  Any defendant or intervenor may, in like manner, dismiss an action against the plaintiff, without an order of the court, at any time before the trial has begun, on payment of costs made on the claim filed by the defendant or intervenor; or

3.  By agreement of all parties to a civil action at any time before trial.

B.  Such dismissal shall be in writing and signed by the party or the attorney for the party, and shall be filed with the clerk of the district court where the action is pending, who shall note the fact on the proper record. Provided, such dismissal shall be held to be without prejudice, unless the words "with prejudice" be expressed therein.

C.  If the court finds that a party has acted in bad faith, vexatiously, wantonly or in an oppressive manner in dismissing an action under this section, the court, pursuant to subsection A of this section, may award reasonable costs against the party and condition the refiling of the case upon payment of the costs.

Added by Laws 2004, c. 368, § 5, eff. Nov. 1, 2004.