Who needs a form CIV-110?
Whenever a party of the lawsuit wants the case to be dismissed from court, Request for Dismissal (form CIV-110) must be filed. In case the defendant has already filed a cross-complaint, the plaintiff must obtain his signature on this request too.
What is form CIV-110 for?
Request for dismissal of case in the court can be filed for various reasons. Parties could have negotiated the issue and settle on some agreement, the defendant could have persuaded the plaintiff to quit the lawsuit even after filing the proof of service (again with a compensation or other options). Also, often plaintiffs apply to the court complaining about the “Doe” alongside “named” defendants. The “Doe” defendants must be dismissed before the final judgment. Case cannot be dismissed if any of the following is already in the case: judgment, spousal or child support order, restraining order, or a hearing date.
Is it accompanied by other forms?
There are no addenda to this form, although it is important to file at least three copies of CIV-110: one for the plaintiff’s records, one for the court and one for the defendant.
When is form CIV-110 due?
The court clerk should inform a plaintiff of the due date for filing a Request of Dismissal upon filing an initial application for starting a case.
How do I fill out a form CIV-110?
There are only two pages to fill out. Consult an attorney regarding the answers you provide on CIV-110. For example, if you check “With prejudice” in Section 1, you cannot file another complaint regarding this case. Don’t forget to put your signature and date on the second page.
Where do I send it?
Send to the court where the case was filed and to the defendants, if you need their signatures on this form before delivering it to the court clerk.