How to File a Motion for Dismissal

When you schedule a court case it is often a few weeks from your filing date. Sometimes within that time period you are able to reconcile the disagreement or come to some satisfactory resolution with the other party. At this time you would want to file a motion for dismissal to stop the proceedings on your case. A dismissal can only be file by the Plaintiff. This is a simple process that will help cut down on some of the backlog in the court system.

Instructions

1. First you need to reconcile the issue that caused the need for a court case in the first place. An example would be a tenant not paying rent. If the tenant paid the rent prior to the scheduled court date then the landlord would proceed with the dismissal.

2. A dismissal form can be obtained at the court house or often times on line.

3. Fill out the dismissal form and submit it to the court. There is usually not a charge for this service. It is also a good idea to send a copy to the defendant.

4. A case can only be dismissed by the plaintiff. The notice of dismissal can be issued with or without prejudice toward one or all defendants. This means that you can dismiss one party that you are taking to court or all of them.

Tips & Warnings

• If your case is dismissed with prejudice, this means that the claim can't be brought up again against the other party.

• If you case is dismissed without prejudice, this means that the claim can be brought up again against the other party in the future.