Voluntary Dismissal Form

The Voluntary Dismissal Form is a legal document used in court proceedings to request the dismissal of a case. It is important because it allows the plaintiff to voluntarily dismiss either the entire case or just the defendant. This form is governed by the rules of civil procedure or the rules of the high court, depending on the jurisdiction.

 

The document starts with the plaintiff's name, address, phone number, and email address. It also includes information about being a pro se plaintiff and the jurisdiction of the court. The case number is provided, and the plaintiff indicates whether they want to dismiss the whole case or just the defendant.

 

If the court has waived court fees for the plaintiff or defendant, this information is included. The form states whether the party is recovering any amount or not. If court fees have not been waived, each party is responsible for their own costs and fees.

 

The plaintiff declares that the information provided is true and correct under the laws of the jurisdiction state. The date of signing and the plaintiff's name and signature are included.

 

The document also includes a section for a Certificate of Service of Document Other Than Complaint. This section is used to indicate which document was served, how it was received, and to whom it was sent. The names and contact information of the recipients are provided. The date of delivery and the name of the person who sent the documents are also included.

 

The plaintiff again declares that the information provided is true and correct under the laws of the jurisdiction state. The plaintiff's signature, name, and address are included.

 

The form concludes with a section for the consent to the dismissal, which is given by the attorney or the party without an attorney. The date, signature, and name of the attorney or party without an attorney are included.

 

Finally, a Certificate of Service is provided to be attached to the document that is filed and served. It includes the case name and number, information about the served document, how it was received, and the names and contact information of the recipients. The date of delivery and the name of the person who sent the documents are also included. The plaintiff declares that the information provided is true and correct under the laws of the jurisdiction state. The plaintiff's signature, name, and address are included.

How to use this document?

1. Fill in your personal information: Enter your name, address, phone number, and email address in the designated fields.

2. Specify the case details: Provide the case number and indicate whether you want to dismiss the whole case or just the defendant.

3. Waive fees (if applicable): If the court has waived court fees, indicate whether you are recovering any amount or not. If fees have not been waived, each party is responsible for their own costs and fees.

4. Sign and date the form: Declare that the information provided is true and correct under the laws of the jurisdiction state. Sign and print your name.

5. Certificate of Service: If required, fill in the details of the document served, how it was received, and the names and contact information of the recipients. Include the date of delivery and the name of the person who sent the documents.

6. Consent to dismissal: If applicable, provide the consent to the dismissal given by the attorney or the party without an attorney. Sign and date the form.

7. Attach Certificate of Service: Make sure to attach the Certificate of Service to the document that you file and serve.

8. File and serve the document: Follow the appropriate procedures to file and serve the document according to the rules of the jurisdiction.

9. Keep a copy: Retain a copy of the completed form for your records.

10. Seek legal advice if needed: If you have any doubts or questions about the process, consult with an attorney or seek legal advice to ensure compliance with the rules and regulations of the jurisdiction.