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Instructions: Voluntary Dismissal of A Defendant or The Case

This document provides instructions for voluntarily dismissing a defendant or an entire case from a civil lawsuit in federal court. It explains that a plaintiff can dismiss a case without prejudice before the defendant files an answer or motion for summary judgment. It instructs plaintiffs to complete dismissal documents, file them with the court, and serve all parties. The document advises plaintiffs to consult a legal aid office if they want to potentially refile the case later.

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Luisa Elena Hernandez
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162 views4 pages

Instructions: Voluntary Dismissal of A Defendant or The Case

This document provides instructions for voluntarily dismissing a defendant or an entire case from a civil lawsuit in federal court. It explains that a plaintiff can dismiss a case without prejudice before the defendant files an answer or motion for summary judgment. It instructs plaintiffs to complete dismissal documents, file them with the court, and serve all parties. The document advises plaintiffs to consult a legal aid office if they want to potentially refile the case later.

Uploaded by

Luisa Elena Hernandez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Instructions: Voluntary Dismissal of a Defendant or the Case

This template was prepared by the Justice & Diversity Center, a nonprofit organization, and is not an official
court form. It can be used in certain civil lawsuits in the Northern District Court of California. This template
provides guidance only. Using this template does not guarantee any result in your case.

HOW TO GET LEGAL INFORMATION AND ADVICE

This packet provides general guidance about voluntarily dismissing a defendant or the entire case.
Before serving this document, make an appointment for free legal information and advice at one of the Legal
Help Centers.

If the case is assigned to a judge in the San Francisco, Oakland, or Eureka federal courthouse,
do one of the following:

Call the appointment scheduling line for the Federal Pro Bono Project: 415-782-8982

Sign up in the appointment book at either:


450 Golden Gate Ave., 15th Floor, Room 2796, San Francisco or
1301 Clay Street, 4th Floor, Room 470S, Oakland

Email us at federalprobonoproject@sfbar.org
This email is to schedule appointments only-no legal advice is given over email.

If the case is assigned to a judge in the San Jose federal courthouse, do one of the following:

Call the appointment scheduling line for the Federal Pro Se Program: 408-297-1480

Monday to Thursday 9:00 am - 12:00 pm, drop in at


The Law Foundation of Silicon Valley, 152 North 3rd St., 3rd Floor, San Jose
Monday to Thursday 1:00 pm - 4:00 pm, drop in at
280 South 1st Street, 2nd Floor, Room 2070, San Jose

WHEN YOU MAY FILE A NOTICE OF VOLUNTARY DISMISSAL

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. Make an appointment
with the Legal Help Center (above).
06/22/2017 Intructions: Voluntary Dismissal 1 of 2
WILL YOU BE ALLOWED TO RE-FILE AFTER DISMISSING?

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. If you think you may want to re-
file the case later, make an appointment at the Legal Help Center before dismissing your lawsuit.

HOW TO COMPLETE THIS NOTICE OF VOLUNTARY DISMISSAL TEMPLATE

 Fill in the case information. Fill in all blanks on the first page.
 Review and sign. Read the entire document to make sure it is clear and complete. Sign and date.
 Prepare the Certificate of Service. Each document that you file must be “served” on each other
party, usually by sending it in the mail. Follow the instructions on the Certificate of Service.

 If you are dismissing only certain defendants, follow all Orders and deadlines. The case will
continue if you dismiss only certain defendants. Continue to follow all Court Orders and deadlines.

FILING AND SERVING YOUR NOTICE OF VOLUNTARY DISMISSAL

1. Make copies. Once you the documents are complete, make three copies of each. On one copy of
the documents, write “Chambers” on the top in pen. (If there is more than one plaintiff or
defendant, you will also need one copy for each of them.)

2. File the Notice. Deliver or mail the original plus two copies of the Notice and Certificate to the
Clerk’s Office at the courthouse where the Judge for your case is located. The Clerk will take the
original and one copy. The other copy is for you to keep after it is stamped by the Clerk. If you
file by mail, include a self-addressed, stamped envelope so the Clerk can send your copy back.

3. Serve the Notice. Be sure the Notice and Certificate are served on each party.

06/22/2017 Intructions: Voluntary Dismissal 2 of 2


1 Your name:
2 Address:
3
4 Phone Number:
5 E-mail Address:
6 Pro se Plaintiff
7
8 UNITED STATES DISTRICT COURT
9 NORTHERN DISTRICT OF CALIFORNIA
10 Division [check one]:  San Francisco  Oakland  San Jose  Eureka
11
)
12 ) Case Number:
)
13 ) NOTICE OF VOLUNTARY DISMISSAL OF
14 )
Plaintiff, ) [check one]
)
15 vs.
)  THIS ENTIRE CASE
16 )  ONLY DEFENDANT [name]
)
17 ) ________________________________________
)
18 )
)
19 Defendant. ) Hon. ___________________________________
)
20
21 TO THE HONORABLE COURT, ALL PARTIES AND COUNSEL: I am the Plaintiff in this
22 matter and pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), I voluntarily dismiss:
23  this entire case.
24  only Defendant [name] ____________________________________________________.
25 Such dismissal shall be without prejudice, with each side to bear its own costs and fees.
26 Date: Sign Name:
27 Print Name:
28

NOTICE OF VOLUNTARY DISMISSAL


Case No. _________________________________________________________ [JDC TEMPLATE]
1 CERTIFICATE OF SERVICE OF DOCUMENT OTHER THAN COMPLAINT
* You must serve each document you file by sending or delivering to the opposing side. Complete
2 this form, and include it with the document that you file and serve.*
3 1. Case Name: _____________________________ v. ________________________________
4 2. Case Number: _____________________________________________________________
5 3. What documents were served?
6 Notice of Voluntary Dismissal
7 4. How was the document served? [check one]
8 Placed in U.S. Mail
9 Hand-delivered
10 Sent for delivery (e.g., FedEx, UPS)
11 Sent by fax (if the other party has agreed to accept service by fax)
12 5. Who did you send the document to? [Write the full name and contact information for
each person you sent the document.]
13
14 _____________________________________ _____________________________________

15 _____________________________________ _____________________________________

16 _____________________________________ _____________________________________

17 _____________________________________ _____________________________________

18 6. When were the documents sent? ______________________________________________


19 7. Who served the documents? [Whoever puts it into the mail, faxes, delivers or sends for
delivery should sign, and print their name and address. You can do this yourself.]
20
21 I declare under penalty of perjury under the laws of the United States that the foregoing
22 is true and correct.
23 Signature: _____________________________________________________
24 Name: _____________________________________________________
25 Address: _____________________________________
26 _____________________________________
27
28

CERTIFICATE OF SERVICE [JDC TEMPLATE Rev. 05/2017]

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