Voluntary dismissal without court order is true to say which of the following?

• A. Without prejudice
• B. With prejudice
• C. Neither
• D. Both

Answer: (A)

Voluntary dismissal without court order is without prejudice. In North Carolina, a plaintiff may end the action by filing a notice of dismissal before the defendant has served an answer or a motion for summary judgment, and this dismissal does not decide the case on the merits. Because it doesn’t adjudicate the claims, it preserves the plaintiff’s ability to refile the same claims later, subject to the applicable statute of limitations and other constraints. If the dismissal happens after the defendant has answered or there’s a stipulation or court order, the dismissal can be with prejudice, but that would be a different procedural path.