Indiana allows for the filing of a motion to dismiss under Rule 41 of the Indiana Rules of Trial Procedure. A plaintiff can stipulate to a dismissal which does not require an order of the court by filing a notice of dismissal, or by filing a stipulation of dismissal signed by all parties. In order to obtain an involuntary dismissal against a plaintiff, a defendant needs to file a motion to dismiss.
Things You'll Need
- Motion to Dismiss
Draft your "Motion to Dismiss." Indiana dismissal forms are merely notice forms, where you inform the court that you request the pending matter be dismissed, either with or without prejudice, without requiring you to substantially plead the grounds for dismissal in your motion.
Enter the pending case identification information into the caption, and then indicate whether the motion is with, or without, prejudice. If you are a plaintiff and wish to withdraw your compliant, file without prejudice, as this allows you to re-file at a later date.
File your motion before the court currently hearing your matter. There will be a filing fee on the motion, which varies by county but is, for example, $136 in Fayette County, Ind. There will be an additional fee for service of process by the sheriff's office of your motion to the opposing party. Once filed you will receive a date on the motion.
Appear at the hearing on your motion. If the court finds that the weight of the evidence presented shows that the opposing party is not entitled to relief, the court will grant your motion for dismissal.
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