If the responding party files a counter motion, you can see more timelines below. The chart below has more information about when papers should be filed. If you need help with the order, read about orders below. Be sure to attend. See our page on Going to Court for more information. If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below. Step 3: Wait, respond to any other paperwork, and attend the hearing If the other parties do not agree, you will need to have them served with the papers. If you know the other parties in your case agree with your motion, ask them to sign your motion and write down that they agree with what you are asking for in your motion. Step 2: Serve the other parties in your case If there is no hearing scheduled, the commissioner will never read your motion.Īre you filing exhibits with your motion? If yes, read more about exhibits below. If you do not file a Notice of Hearing, the court might not schedule your hearing.
This kind of dismissal is "without prejudice," which means it is possible for the plaintiff or counterclaimant to bring their claim again in the future by asking the court to set aside or "undo" the dismissal.
The process for this kind of motion follows the general motion process. Forms are available at the bottom of this page. The plaintiff or petitioner (or counterclaimant, crossclaimant, or third-party claimant) can ask to dismiss their own case by filing a Motion to Voluntarily Dismiss Case, Counterclaim, Crossclaim or Third-party Claim. Motion to Voluntarily Dismiss Case, Counterclaim, Crossclaim or Third-party Claim If the defendant has filed an answer and the parties do not agree to dismiss, the plaintiff would instead have to file a Motion to Voluntarily Dismiss Case. If the defendant has filed an answer, but the parties agree, they can both sign a Stipulation of Voluntary Dismissal.ĭismissal by notice or stipulation is "without prejudice," which means it is possible for the plaintiff or counterclaimant to bring their claim again in the future by asking the court to set aside or "undo" the dismissal.
The plaintiff or petitioner decides they don't want to move ahead with the case.There are 3 ways a case can be dismissed: If a case is dismissed it generally means the case is over.