Subject to the provisions of any statute of the state of Idaho, an action may be dismissed by the petitioner without order of court (1) by filing a notice of dismissal at any time before service by the adverse party of a response or of a motion for summary judgment, whichever occurs first, or (2) by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice. A voluntary dismissal by the claimant alone shall be made before a responsive pleading is served or, if there is none, before the introduction of evidence at the trial or hearing.