Dealing with legal charges can be a long journey

UNLESS you understand your needs and know the place to look.

You must be here if you want to know more on how to file a “Request for Dismissal”.

HOLD ON! Don’t mix it up with filling for a “Motion to Dismiss”.

A Motion to Dismiss is brought down to court to end a lawsuit, where the defendant argues the plaintiff’s case has flaws. Check out some examples of Motion to Dismiss to have a clearer understanding.

Meanwhile, A Request for Dismissal is usually filed by the plaintiff to willingly withdraw their own case.

Dealing with legal charges is a complex issue and quite stressful, but we have your back. In this blog, we are going to discuss the steps on how to get your case dismissed. 

Though depending on your case type and the evidence you provide, the likelihood of getting a case dismissed varies. For further intel on how often motions to dismiss are granted, have a look at one of our previous blogs.  

Besides, providing a guide on a “Request for Dismissal”, we are going to touch down on the two types of dismissals, who can file a request for dismissal and will it cost you anything. 

So, without any further delay, let’s dive into our topic of the day.

Request for Dismissal: What It Really Means?

Let’s say you are facing debt collection charges.

You want to get it over with fast and permanently AND the next best option would be to request the judge to dismiss the case also known as a “Request for Dismissal”.

One, typically, applies for a “Request for Dismissal” to ask the court to end one’s case without further consideration.

In a case, two parties are usually involved. Either party can file for a Request for Dismissal, however the reason for doing so will vary. 

Let’s look at the US Federal Rules of Civil Procedure Rule 41(a)(1).

“(a) Voluntary Dismissal.

(1) By the Plaintiff.

(A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing:

(i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or

(ii) a stipulation of dismissal signed by all parties who have appeared.

(B) Effect. Unless the notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.”

The rule basically states that the plaintiff can file for a Request for Dismissal at any point of the lawsuit and have it dismissed without an official court order. This is also known as Voluntary Dismissal.

THERE IS A CATCH!

The request needs to be filed before the defendant responds to the case, otherwise, the dismissal must be signed by both parties.

Two Types of Request for Dismissal: With Prejudice vs. Without Prejudice

A Voluntary Request for Dismissal is automatically Without Prejudice,

UNLESS specifically stated otherwise.

This basically means that the plaintiff can start a new case, making the same claim at some point in the future.

On the contrary, a Request for Dismissal With Prejudice interprets that the same claim cannot be brought up or re-filed in court ever again.

Rule 41(a)(2) goes on to say:

(2) By Court Order; Effect. Except as provided in Rule 41(a)(1), an action may be dismissed at the plaintiff’s request only by court order, on terms that the court considers proper. If a defendant has pleaded a counterclaim before being served with the plaintiff’s motion to dismiss, the action may be dismissed over the defendant’s objection only if the counterclaim can remain pending for independent adjudication. Unless the order states otherwise, a dismissal under this paragraph (2) is without prejudice.

All in all, requests for dismissals must have a court order (a legal document signed by the judge) to conclude a case.

For instance, if the defendant files a counterclaim in response to the case and the plaintiff wants to file a Request for Dismissal,

The court will grant the dismissal ONLY IF the counterclaim can stand as a case by itself.

How about we check out what the US Federal Law has to say about defendants filing a Request for Dismissal.

US Federal Rules of Civil Procedure Rule 41(b) states:

(b) Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule—except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19—operates as an adjudication on the merits.

In case a plaintiff fails to follow court rules or court order, the defendant can file a Request for Dismissal. If this request gets granted, then this dismissal is said to be an “adjudication on the merits”.

Basically, the plaintiff cannot bring the same claim as before in front of the court again BECAUSE all the legal and factual claims have already been considered.   

Who Files A Request for Dismissal?

When the Plaintiff Files for Dismissal

Also referred to as voluntary dismissal…

A plaintiff typically files a request for dismissal when they no longer wish to pursue the case,

OR when they want to refile it later with a different court or under different circumstances. 

However, why would a plaintiff voluntarily dismiss their case?

Here is why:

• Change of Heart: the plaintiff might simply not want to continue with the lawsuit
• New Facts or Evidence: finding new evidence could require a change to the lawsuit. OR the plaintiff may want to add new defendants. 
• Refiling: the plaintiff may want to refile the case in a different court or with different charges. 
• Settlement: Settle out of court may lead to a Request for Dismissal. 
• Defendant’s Motion: The defendant might file a Motion to Dismiss. If granted, it could lead to the dismissal of the case. 
• Failure to State a Claim:  The defendant’s motion to dismiss could claim that the plaintiff’s complaint doesn’t properly state a legal claim.  

When the Defendant Requests a Dismissal

Also known as Motion to Dismiss…

A defendant typically files a Request for Dismissal when they believe the lawsuit against them should be terminated before the trial begins. 

The argument stands that the case cannot be dragged further due to legal deficiencies in the plaintiff’s complaint or other procedural issues. 

Reasons behind a Motion to Dismiss:

• Lack of Jurisdiction
• Improper Service
• Statute of Limitation Issues
• Failure to State a Valid Claim

Dismissal in Action: Pre-trial vs. During Trial

Not all cases get to the end of the trial.

IN FACT, many civil cases either get dismissed before the trial even begins

OR right in the middle of it.

Stage	Scenario	Explanation	Outcome
Before Trial	Discovery Phase Problems	The plaintiff fails to provide necessary documents or evidence (e.g., contract, payment records).	Motion to dismiss may be granted due to lack of proof.
	Missing or Incomplete Documentation	Debt collectors often don’t have proper records, especially if the debt was purchased in bulk.	Case may be dismissed if ownership or accuracy can’t be confirmed.
	Settlement Reached Outside of Court	Both parties agree to settle privately (e.g., reduced payoff or debt resolution).	Plaintiff voluntarily files a Request for Dismissal.
During Trial	Failure to Prosecute	The plaintiff doesn’t show up to hearings or stops pursuing the case.	Judge may dismiss the case for lack of action.
	Dismissal for Want of Prosecution (DWOP)	Court formally dismisses the case because of inactivity, delays, or repeated absence from the plaintiff.	Case closed without a trial ruling.
	Winning by Default	Plaintiff fails to attend the trial or hearing, but the defendant (you) shows up.	Judge dismisses the case in your favor.

How to File a Request for Dismissal (Step-by-Step)

STEP 1: Determine The Appropriate Form

In many jurisdictions, including California, they have a standard form for requesting dismissal called “Request for Dismissal” (e.g., CIV-110).

On top of that, you may also be required to file a “Notice of Entry of Dismissal” (e.g., CIV-120)

To determine which form is ideal for your local court, visit their website or clerk’s office. They might have specific forms and procedures. Perform an in-depth legal research, so you don’t end up filling up the wrong form. 

STEP 2: Fill Out The Forms

Start with filling all the necessary data; for instance, your name, address, case number, and the names of the parties involved.

Then you need to mention specifically what type of case dismissal it is, whether it is with or without prejudice. Morvoer, you could also mention if it is the entire case that is getting dismissed or only specific parts of it.

Lastly, IF Applicable, address any fee waivers or other relevant details.

STEP 3: File The Forms

Now that all the forms are complete, file the original and copies of the forms with the court clerk. The clerk will keep the original forms and return the stamped copies to you.

SO double check all your forms when you receive them back, stamped.

STEP 4: Serve The Other Parties

Now, get someone (not you) to serve the other parties with a copy of the filed “Request for Dismissal” and “Notice of Entry of Dismissal” (if required).

Furthermore, the server must fill up the Proof of Service section on the “Notice of Entry of Dismissal”.

DON’T FORGET, you have to file the original Proof of Service with the court. 

STEP 5: Follow Up 

Make sure you keep copies of all filed and served documents for your record.

ALSO, if you have any questions about the dismissal process, get in touch with the court clerk for assistance. 

Here is a table of the common mistakes you should beware of when filing a Request for Dismissal:

Common Mistakes	Explanation
Filing Too Early	Dismissing the case before resolving all claims or counterclaims can complicate legal matters or force re-filing.
Incomplete Forms	Leaving out necessary sections (e.g., case number, party names, signature) can result in rejection by the court clerk.
Wrong Type of Dismissal Requested	Choosing “with prejudice” instead of “without prejudice” (or vice versa) can have unintended legal consequences.
Failing to Notify All Parties	Not serving or informing other involved parties can violate court rules and delay the dismissal.
Not Addressing Outstanding Motions or Hearings	Dismissing a case while motions are pending or hearings are scheduled can lead to confusion or denials.
Assuming Automatic Approval	Some dismissals, especially with prejudice or involving multiple parties, require court approval and may be denied.
Ignoring Local Court Rules	Each jurisdiction may have specific procedures or local forms—missing these may lead to rejection or delay.
Failing to Keep Records	Not saving a copy of the stamped dismissal can create problems later if you need to prove the case was dismissed.
Incorrect Party Filing the Request	Only the appropriate party (usually the plaintiff) can file; unauthorized filing may be void.
Overlooking the Need for a Judge’s Signature	Some dismissals need judicial sign-off, especially if it’s after trial has started or involves final rulings.

Does Filing a Request for Dismissal Cost Anything?

When filing a request for dismissal, there is a filing fee you will need to pay. However, in some case, there might be a fee waiver option available.

Usually courts charge filing fees to cover up administrative costs associated with processing legal documents. 

Moreover, the fee amount might vary depending on the court you go to and the type of case it is. It also varies depending on the state AND EVEN by court within state. 

So, if you can’t afford the filing fee, you can apply for a fee waiver. 

On top of that, if you file for a Motion to Dismiss (a request to end a case), you will be charged a filing fee too. You might also get charged other costs associated with a Motion to Dismiss.

Should You Try for Settlement Before Filing for Dismissal?

Yes! Your lawyer would advise similarly.

Choosing to make early settlement before filing a Request for Dismissal is looked at as one of the smartest moves in such scenarios. 

NOT ONLY does it save time and legal hassle, 

BUT ALSO increases your chances of leaving a lawsuit with the least amount of damage.

Negotiating a settlement gives you a chance to sort out the issue in your terms,

You might even be able to negotiate a lower settlement amount than originally demanded!

If a settlement is reached, the plaintiff ends up filing a Request for Dismissal Voluntarily. This brings the case to an end without need for a court hearing.

Conclusion

You want to file a Request for Dismissal but don’t know where to start?

Well in this blog we have got you covered. 

First of, let’s clarify that a “Motion to Dismiss” is not the same as a Request for Dismissal.

While a Motion to dismiss is an argument, trying to prove that the plaintiff’s case is faulty, a Request to Dismiss is filed by the Plaintiff who voluntarily wants to withdraw the case.  

In this blog we have touched down on:

1. What does a Request for Dismissal means?
2. The 2 Types of Dismissal: With or Without Prejudice
3. WHO files a Request for Dismissal?
4. Before versus During Trial Dismissal
5. How to File a Request for Dismissal (Guide)
6. The Cost of Filing a Request for Dismissal
7. Should You Settle Before Filing?

Hoping that this blog covers it all. 

AND if you are still unsure on where to start, get in touch with Expert Legal Outsourcing…

Their highly trained legal team commits to providing flexible legal support, leading to a smoother dismissal. 

Consult them TODAY!

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