Rule 96 No Discontinuance

If you are suing someone and they file a counterclaim against you, you cannot simply drop your lawsuit to avoid their counterclaim. The defendant still has the right to have their counterclaim heard in court, even if you try to walk away from the case.

This rule stops plaintiffs from using a dismissal as a way to escape a counterclaim. Once a defendant files for affirmative relief, meaning they are asking the court to award them something, the case moves forward on that claim regardless of what the plaintiff does.