The judge might grant the request for hearing or might decide the motion based on the papers without a hearing. You can request a hearing as part of the motion.Cite any statutes, ordinances, rules, or appellate opinions that support your arguments.Be clear about what you want the judge to order. Include relevant details that support what you are asking for. Say what you want and why you want it.For example, if you need to ask the court to change discovery deadlines in your case, you can call your motion "Motion to Change Discovery Deadlines." Title the motion to say what you want the court to order.Make your motion easy to read to help the judge understand it. Here are some tips to help you with your motion: Choose the right one for your situation from the forms section below. This kind of dismissal is "without prejudice," which means it is possible for the plaintiff or counterclaimant to bring their claim again in the future by asking the court to set aside or "undo" the dismissal. The process for this kind of motion follows the general motion process. Forms are available at the bottom of this page. The plaintiff or petitioner (or counterclaimant, crossclaimant, or third-party claimant) can ask to dismiss their own case by filing a Motion to Voluntarily Dismiss Case, Counterclaim, Crossclaim or Third-party Claim. Motion to Voluntarily Dismiss Case, Counterclaim, Crossclaim or Third-party Claim If the defendant has filed an answer and the parties do not agree to dismiss, the plaintiff would instead have to file a Motion to Voluntarily Dismiss Case. If the defendant has filed an answer, but the parties agree, they can both sign a Stipulation of Voluntary Dismissal.ĭismissal by notice or stipulation is "without prejudice," which means it is possible for the plaintiff or counterclaimant to bring their claim again in the future by asking the court to set aside or "undo" the dismissal. ![]() The defendant has been served, but they have not yet filed an answer.The defendant has not been served with the complaint or petition, or.They can do this by filing a document called Notice of Voluntary Dismissal. Voluntary Dismissal by Notice or StipulationĪ plaintiff can dismiss a civil complaint, counterclaim or other claim they have filed without a court order. This page has forms and information for the first bullet - where the plaintiff or petitioner decides they to not want to move ahead with the case. See our motions page for more information. A defendant or respondent file a motion to dismiss and the judge grants the motion.Sometimes a case can be dismissed by the court as a sanction (punishment) against one party. This usually happens because nothing has happened in the case for too long. They can file a Notice of Voluntary Dismissal or a Motion to Voluntarily Dismiss. The plaintiff or petitioner decides they don't want to move ahead with the case.There are 3 ways a case can be dismissed: If a case is dismissed it generally means the case is over.
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