Involuntary dismissals are with prejudice unless...

• A. The order states otherwise
• B. The court lacks jurisdiction
• C. The plaintiff is granted leave to amend
• D. The defendant files a counterclaim

Answer: (A)

Involuntary dismissal under Rule 41(b) is generally with prejudice, meaning it acts as a merits dismissal. The only way it isn’t on the merits is if the judge’s dismissal order explicitly says it is without prejudice. That explicit language in the court’s order controls the effect.

So the best answer is that the dismissal is not with prejudice when the order states otherwise. The other scenarios—lack of jurisdiction, granting leave to amend, or a counterclaim—do not by themselves change the default unless the court’s dismissal order expressly indicates it.