How Do I Ask to Dismiss a Case With Prejudice?
Courts may be asked to dismiss, or cancel, a case. Usually this is done by the person who started the case, but it may be requested by the defendant under some circumstances.
|If you DO settle your dispute, write down what was agreed to. Include:
To ask the court to dismiss the case (or part of the case) with prejudice
Step 1. Get and fill in your court forms.
To dismiss a case with prejudice, use a:
- Request for Dismissal (Form CIV-110)
At the same time, get a copy of the:
- Notice of Entry of Dismissal and Proof of Service (CIV-120)
|For the Request for Dismissal (Form CIV-110):
|For the Notice of Entry of Dismissal and Proof of Service (Form CIV-120):
Fill in the top section.
Do not fill in the Proof of Service section.
Make copies of Form CIV-110 – one copy for your files and one copy for each of the other parties involved in the case. (The court will keep the original.)
Step 2. File the Forms CIV-110 and CIV-120.
Mail or take the Forms CIV-110 and CIV-120 to the courthouse. A clerk will put the originals in the case file, then stamp the photocopies and return them to the person doing the filing. (If you file your papers by mail, include a self-addressed, stamped envelope so the court can mail the copies back to you.)
Step 3. Inform the other side (service of process).
- Attach a filed (stamped) copy of Form CIV-110 to a Form CIV-120.
- Have an adult, other than you, mail a copy of the two forms to each person or business involved in the case.
Step 4: Inform the court that the copies were mailed (proof of service).
- Have your server complete the “Proof of Service” section at the bottom of the original
- Either you or your server may mail or take the completed Proof of Service (on Form
CIV-120) to the court clerk for filing.
- If you file your form by mail, include a self-addressed, stamped envelope so the court can mail a copy back to you.