How to Dismiss a Civil Court Case

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.

This article has been viewed 104,105 times.

If you file a lawsuit, you may want to withdraw that lawsuit, either because you have come to a settlement with the defendant or because you want to delay the litigation. As a defendant, you can also move for a dismissal. Defendants seek dismissal when the lawsuit was filed in the wrong court or where there is no legal basis to any claim. In order to have a civil case dismissed, you must petition the court.

Preparing to File for Dismissal

• Motions to dismiss may also be “voluntary” or “involuntary.” When the plaintiff dismisses the action, the dismissal is voluntary. However, if a judge dismisses the action, then the dismissal is “involuntary.”

• The case is partially settled.
• The defendant agrees to pay the plaintiff but has not yet made complete payment.
• The plaintiff has been unable to serve notice on the defendant properly.
• The plaintiff brought the lawsuit in the wrong court.

• The case was settled and the amount paid.
• The defendant named in the case is not the right person.
• The case has already been decided in another court.
• The claims are barred by law.

• Similarly, if you do not live in the county where the lawsuit has been filed, then you will want proof of where you reside, such as a property deed, valid driver’s license, and tax/utility bills.
• You should gather whatever information might be helpful to support your motion.

• To find a qualified attorney, you should visit your state’s bar association, which should run a referral program.
• Your courthouse may also have a self-help center. You can stop in and ask questions or ask the staff to look over your forms. To find out if a self-help center is available at your courthouse, call the court clerk.

Requesting Dismissal

• California has a form that can be used for a dismissal with or without prejudice. It is available at http://www.courts.ca.gov/documents/civ110.pdf.
• You may need other forms, such as an Order or Entry of Dismissal, along with Proof of Service. Pick those forms up from the clerk at the same time.

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• Header information. The header identifies the court, the parties, and the case number. It may also identify the judge. Look at an earlier motion or pleading in your case to find this information.
• Title. You should title the motion “Motion to Dismiss the Complaint.”
• Body. In the body you request dismissal and provide the factual grounds for the relief. For example, you would write, “COMES NOW Defendant Aisa Rosen, representing himself pro se, who asks this court to dismiss the action with prejudice. In support of the motion, Defendant states…” Then you list the facts that support your motion.
• Conclusion. At the end of the motion you should again request dismissal. Sample language might be, “WHEREFORE, Defendant respectfully requests that the Court grant this motion and dismiss the complaint with prejudice.”
• Certificate of Service. You need to state how the motion was served and sign attesting to the service.

• To find a notary near you, use the American Society of Notaries locator, available at their website. [4] X Trustworthy Source American Society of Notaries Non-profit organization providing education, training, and supplies to notaries in the United States. Go to source You can search by zip code.
• Be sure to bring personal identification with you to show the notary. A valid passport or driver’s license should be sufficient.

• Depending on the court, you may pick up a hearing date at that time. In some courts, the clerk will schedule the hearing at a later date and inform all parties by mail of the hearing day and time. Ask the clerk what the process is in your court.

• Typically, service can be made personally, either by a process server or by someone 18 or older who is not a party to the lawsuit. If you need to hire a process server, then you can expect to pay around $45-75. [7] X Research source
• Some courts also allow service of motions to be made through first class mail.
• Once service has been made, you should file the Proof of Service (or equivalent form) with the court. This shows the judge that service was made. Keep a copy for your records.

Attending a Hearing

• Be sure to turn off your cell phones and smart phones before entering the courtroom. Also do not bring food or drinks into the courthouse. If you need something to eat or drink, then consume food and liquids before entering the courthouse.

• Women should wear a dress or long pants/skirt with a blouse.
• In no circumstances should you wear hats, shorts, flip flops, pajamas, see-through shirts, baggy pants that fall below the hips, or clothing with offensive imagery or language written on it.

• If the motion is contested—that is, only one party wants the case dismissed—then each party should prepare to make an argument to the judge. Have copies of any document that you want to use in support of your motion.

• There should be forms for you to use at the courthouse. Ask the clerk to show you.
• Nebraska’s Order of Dismissal, which must be completed and submitted when you file your motion, is available at https://supremecourt.nebraska.gov/sites/default/files/DC-4-7.pdf.

Proceed to trial, if necessary. If the judge denies the motion to dismiss, then you should be prepared to continue on with the trial. Although you can appeal the denial of the motion to dismiss, you may only appeal after the completion of the lawsuit.

Expert Q&A

You are strongly encouraged to consult with an attorney. The timing requirements on when you should move to dismiss a case are complicated. Only a qualified attorney can advise you properly.

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1. ↑http://www.sussmanadr.com/docs/motions_to_dismiss_plit.pdf
2. ↑http://www.courts.ca.gov/documents/civ110.pdf
3. ↑http://www.actuary.org/files/2015-01-14(1)%20--%20Motion%20to%20Dismiss%20Complaint.pdf
4. ↑https://www.asnnotary.org/?form=locator
5. ↑http://www.courts.ca.gov/documents/civ110.pdf
6. ↑https://supremecourt.nebraska.gov/self-help/general-court-forms/motion-dismiss
7. ↑http://www.serve-now.com/about-process-serving
8. ↑https://supremecourt.nebraska.gov/self-help/general-court-forms/motion-dismiss
9. ↑https://supremecourt.nebraska.gov/self-help/general-court-forms/motion-dismiss

About This Article

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 104,105 times.

If you’ve already filed a lawsuit and you want to delay or withdraw the case, you can dismiss the case by contacting the court. You can do this if you’ve come to a settlement with the defendant, if an error was made in the claim, or you want to postpone the litigation. Ask your local court clerk for a dismissal form. Many courts have fill-in-the-blank forms, but if yours doesn’t you may have to write a motion to dismiss, which is a short letter explaining why you want to dismiss the case. Once you’ve filed your form or motion to dismiss, you’ll need to serve a copy to the defendant and wait for your hearing date. At the hearing, you’ll need to explain why the case should be dismissed and present any supporting evidence, such as your settlement agreement. For more tips form our Legal co-author, including how to lay out a motion to dismiss, read on!

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