How to File a Dismissal Paper for a Civil Trial in Louisiana

Motions to dismiss can be filed by any party to a case.

Filing for dismissal is one of the many ways to end a civil trial. If the presiding judge decides to dismiss a case, he may dismiss it with or without prejudice; dismissing a case with prejudice prohibits the suing party from refiling the same case. There are many points during a trial at which a party may make a filing to dismiss a case. Early in the trial, dismissal motions attack the legal foundations of a claim, while late motions tend to claim insufficient evidence for proving a claim. Moreover, motions may be filed by either party depending on circumstances. In either case, the process for filing a motion to dismiss remains the same.

Things You'll Need

• Completed motion and order for judgment of dismissal
• Completed memorandum for dismissal
• Filing fees
• Proof of service, if applicable

Instructions

1. Obtain and complete the motion and order for judgment of dismissal from the county court clerk for the court presiding over the trial. See the Resources for Baton Rouge's motion and for addresses of all Louisiana county court clerk's offices.

2. Write a memorandum stating the facts of the case and reasons why the party moves to dismiss. Depending on the time and reason for filing, there are several arguments you can raise. The memorandum should make an argument as to why Louisiana case law, statutes or court rules warrant the dismissal of a case. Introducing erroneous information of pleadings that go to facts in dispute rather than issues of law will be ignored.

3. Serve all parties to the case with a copy of the motion. In some jurisdictions, service will be performed by the court while in others, the filing party will have to submit proof of service. Dismissal is governed by several sections of the Louisiana Code of Civil Procedure, or CCP.

4. File the completed documents with the court clerk. Pay any requisite filing fees and provide proof of service if required. Note that a successful motion to dismiss under the Louisiana CCP does not take effect until all court fees are paid. Under CCP 594, dismissals pursuant to a compromise in a class action suit must be submitted to all parties to the suit, and the compromise must be approved by the presiding judge for the dismissal to be considered.

Tips & Warnings

• Pro se parties filing a motion to dismiss may wish to consult with a qualified attorney before filing their motion. Although this is not a requirement, judges expect motions to be written in a style specific to the legal profession and may react negatively to motions that they feel are poorly written.

• A motion to dismiss is also used by parties once they have agreed to a settlement. In such cases, the filing party should provide the judge with a copy of the settlement agreement to ensure that it is valid.

• Be aware of filing deadlines. Pretrial motions in particular have to be filed a certain number of days before the start of trial and will not be considered if they are filed late. For example, the Louisiana limitation for filing to dismiss an appeal because of irregularity or error is three days from the return day of the appeal or the day the appeal is lodged in appellate court.

• In Louisiana, the dismissal of a trial does not end incidental motions filed before the motion to dismiss. These will be considered separately.

References

• United States District Court Western District of Louisiana: Uniform Local Rules
• State of Louisiana: Code of Civil Procedure
• Northwest Registered Agent, LLC: Motion Sample Form

Resources

• Baton Rouge City Court: Motion and Order for Judgment of Dismissal