Voluntary dismissal is an unsolicited decision made by the employee. The form may be specified as dismissed with or without prejudice.

Generally, a plaintiff has a right to file a Notice of Voluntary Dismissal at any time before the defendant serves either an answer or a motion for summary judgment. If the defendant you want to dismiss from the case has filed an answer or motion for summary judgment, you cannot use this form.

This Notice states that the dismissal will be “without prejudice,” which generally means that you may sue again on the same claim if the time to do so has not passed (if the statute of limitations has not passed). But if this is the second time that you have attempted to sue on this claim (in state or federal court), filing this Notice will be considered a dismissal “with prejudice,” regardless of the language included in the form.“With prejudice” means you cannot file another suit based on this claim.

How to use this Document?

The form should be read carefully by the plaintiff and the defendant, as well as their attorneys. 

It should be clearly specified whether the form intends to dismiss the whole case or only the defendant.

Any documents served to the other side must also be filed in order on the certificate of service, and signatures must be given a declaration of consent.