How Do I Ask to Dismiss a Case Without 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 if he or she countersued.
|If you DO settle your dispute, write down what was agreed to. Include:
To ask the court to dismiss the case without prejudice
At least 5 days before your hearing date:
Step 1. Get and fill in your court forms.
To dismiss a case without prejudice, use:
- 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.
Make copies of Form CIV-110 – 1 copy for your files and one copy for each of the other parties in the case who have been served. (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.)
|IMPORTANT: If the Plaintiff’s Claim and Order to go to Small Claims Court (Form SC-100) has been served on the defendant (or if a defendant has filed a counter-claim), then follow Steps 4 and 5.
If the defendant has not been served with the Plaintiff’s Claim, then you do not have to send him or her a copy of your request to dismiss the case.
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.
Or, at your court hearing you may ask the court to dismiss your case without prejudice. However, it is recommended that you don’t wait until the hearing, if you don’t have to.