![]() If the defendant has filed an answer and the parties do not agree to dismiss, the plaintiff would instead have to file a motion to ask the court to dismiss the case. If the defendant has filed an answer, but the parties agree, they can both sign a Stipulation of Voluntary Dismissal.ĭismissal by notice or stipulation is "without prejudice," which means it is possible for the plaintiff or counterclaimant to bring their claim again in the future by asking the court to set aside or "undo" the dismissal. The defendant has been served, but they have not yet filed an answer.The defendant has not been served with the complaint or petition, or.They can do this by filing a document called Notice of Voluntary Dismissal. ![]() Voluntary Dismissal by Notice or StipulationĪ plaintiff can dismiss a civil complaint, counterclaim or other claim they have filed without a court order. A case can be dismissed at the request of a defendant or respondent if they file a motion to dismiss and the judge grants the motion.Sometimes a case can be dismissed by the court as a sanction (punishment) against one party. A case can be dismissed by the court, usually for inactivity. ![]() A voluntary dismissal can occur through a Notice of Voluntary Dismissal or a Motion to Voluntarily Dismiss.
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