There are a number of things that can make you no longer want to proceed with your claims after filing a lawsuit.Maybe you and the other side came to an agreement and settled your dispute, or maybe you have come to the conclusion that lawsuits are expensive and time consuming and you no longer care to pursue them.If you've filed the lawsuit yourself, it's a simple procedure to withdraw it from the court.The basic process is the same throughout the country.
Step 1: Look for forms.
A motion to dismiss can be used in certain types of cases.You may be able to find a blank form that you can use.
Step 2: The caption should be copied.
Since the caption is the same in every document, you can simply copy it from another document.
Step 3: Title your motion.
The title tells the court what the document is about.Most of the time, you would title it "Motion to dismiss."
Step 4: The introductory paragraph should be written.
The first paragraph of your motion will tell you who you are and what you're doing.You don't have to go into any facts or reasons in the introduction.If you want to withdraw your lawsuit against them, you need to state who you are and who the other parties are.
Step 5: Write your motion down.
The reasons you're asking the court to dismiss your lawsuit are explained in the body of your motion.Attach a copy of the written settlement agreement to your motion if you and the defendants have come to a compromise in the dispute.The exact format for motions is specified in most rules.First facts and reasons for dismissal will be listed in separate paragraphs in the body of your motion.Only one statement, fact, or reason can be made per paragraph.The size of paper or color of ink may be specified by the rules in your jurisdiction.Before you finalize your motion, make sure you review the rules.
Step 6: The court can dismiss your lawsuit.
You have to decide if you want the court to dismiss the lawsuit with or without prejudice.If you ask the court to dismiss your lawsuit with prejudice, you can't file any other lawsuits related to the same claim.If you ask the court to dismiss your lawsuit without prejudice, you still have the right to file another lawsuit with the same claim in the future.If there was something wrong with the lawsuit, you could dismiss it without prejudice.You could file a motion to dismiss the lawsuit if you realized you filed it in the wrong court.
Step 7: A signature block is created.
Write a statement swearing that the information in the motion is true and correct to the best of your knowledge, then leave a blank line or space to sign.Underneath the space for your signature, type your name and mailing address in a block, just as they would appear on the envelope of a letter.You can add your phone number and email address to your mailing address.
Step 8: A certificate of service is needed.
To let the court know that you will serve your motion on the other parties in the case, you must include a certificate of service at the end of the motion.If you want to get a certificate of service, you need to choose between certified mail or hand delivery.
Step 9: Complete all other forms.
You should find out from the clerk if you have to submit a cover sheet with your motion.Each court has its own rules.
Step 10: Go ahead and sign your motion.
Once you've drafted your motion, print it out and sign it.You may be required to sign your motion in the presence of a Notary.You should find out from the clerk.
Step 11: Copies of your motion can be made.
The clerk will keep the originals if you make at least one copy for your own files and one for each other party in the case.
Step 12: You can file the motion with the court.
The original will be stamped by the clerk and sent to the judge for review.Unless you have already completed the application, you must pay filing fees in order to file a motion.The costs to file a motion are usually less than $100 in some states.
Step 13: You should have your motion served on the other parties.
You have to serve the motion on the other parties to the lawsuit so they know you're withdrawing your claims against them.You have to use the same method you used for the certificate of service.You need to file a proof of service with the court in order for the judge to know about the motion.Check with the clerk if you have to mail a copy of the motion to the other parties in your case.
Step 14: Wait for a response.
The person you've sued won't challenge your motion to withdraw the claims against him.The judge will usually dismiss your case without a hearing.Once the judge makes his decision, the clerk will mail the order back to you.