Code of Civil Procedure Article 262

The plaintiff may, before the judgment becomes final and binding, voluntarily dismiss the action in whole or in part, and except where the defendant has proceeded orally on the merits, such dismissal shall be subject to his/her consent.A voluntary dismissal shall be made by pleadings. Notwithstanding, it may be made orally before the court or the commissioned judge in the court session.A voluntary dismissal made orally shall be indicated in the transcript and in the case where the opposing party was not present, such transcript shall be served on the opposing party.The defendant is deemed to have agreed to the voluntary dismissal if he/she does not object to such dismissal within ten days from the day of the court session in the case where he/she appeared and did not express whether he/she agreed or disagreed, or from the day of service of the transcript provided in the preceding paragraph or the dismissal pleading in case where he/she failed to appear in the court session or where the dismissal is made by pleadings.