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Legal Voluntary Dismissal Form

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LEGAL VOLUNTARY DISMISSAL FORM

Plaintiff Name: of , hereby files this Voluntary Dismissal in the action pending in , Case No.: , against Defendant Name: . Filing Date:

RECITALS

WHEREAS, Plaintiff initiated the above-captioned action asserting certain claims against Defendant arising from facts alleged in the complaint filed in this court; and

WHEREAS, Plaintiff has determined, after consideration of the circumstances and potential remedies, to voluntarily dismiss the claims identified herein; and

WHEREAS, the parties may have negotiated settlement terms and Plaintiff seeks to document the dismissal of the plaintiff's claims in a manner consistent with applicable court rules and these parties' agreement.

NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained in this instrument, the parties agree as follows:

1. VOLUNTARY DISMISSAL

Plaintiff hereby dismisses the plaintiff's claims against Defendant in the above-captioned action. Plaintiff elects that the dismissal shall be:

2. SCOPE OF DISMISSAL

The dismissal shall apply to the following claims and parties as set forth below. Specify claims, counts, or causes of action to be dismissed:

3. EFFECT ON COUNTERCLAIMS AND REMAINING MATTERS

This dismissal does not, and shall not be construed to, dismiss any counterclaim, cross-claim, third-party claim, or post-judgment enforcement action asserted by Defendant unless expressly stated below.

Are any counterclaims pending?

4. COSTS, FEES, AND ATTORNEY'S FEES

Allocation of costs and fees shall be as follows (select one or describe alternative arrangement):



5. JURISDICTION AND ENFORCEMENT

The parties agree that the court may retain jurisdiction to enforce terms of any settlement embodying this dismissal and to adjudicate any disputes arising from the implementation of the settlement, to the extent permitted by law and the court's rules.

6. FILING, ENTRY, AND SERVICE

Plaintiff shall file this Voluntary Dismissal with the clerk of the court and serve a conformed copy on all parties and counsel of record by the following method(s):

7. CERTIFICATION AND REPRESENTATIONS

Plaintiff certifies under penalty of perjury under applicable law that the statements in this Voluntary Dismissal are true and correct to the best of Plaintiff's knowledge, that this dismissal is not being filed for the purpose of delay, and that the claims dismissed herein are identified accurately above.

Plaintiff further represents that, except as disclosed in the Scope of Dismissal, there are no additional claims pending in this court between the parties that are the subject of this dismissal.

8. NOTICES

All notices required or permitted under this Voluntary Dismissal shall be in writing and delivered to the parties at the addresses listed below or to counsel of record.

9. AMENDMENTS; WAIVER; COUNTERPARTS

This Voluntary Dismissal may be amended only by a written instrument executed by the party or parties against whom enforcement is sought. No waiver of any provision shall be effective unless in writing and signed by the waiving party. This instrument may be executed in counterparts, each of which constitutes an original and all of which together constitute one instrument.

10. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

Governing Law: This Voluntary Dismissal shall be governed by and construed in accordance with the laws of the jurisdiction of the court in which the action is filed, without regard to conflict of law principles.

Entire Agreement: This instrument constitutes the entire agreement of the parties with respect to the dismissal of the claims referenced herein and supersedes all prior agreements or understandings, whether written or oral, relating to the subject matter hereof.

Severability: If any provision of this Voluntary Dismissal is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

ADDITIONAL TERMS

Plaintiff Printed Name:

By:

Date:

Defendant Printed Name:

By:

Date:

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What the Legal Voluntary Dismissal Form Is

A Legal Voluntary Dismissal Form is a court filing by which a plaintiff or claimant formally withdraws a civil action or particular claims. It records whether the dismissal is with or without prejudice, identifies the parties and case number, and notifies the court and opposing parties that the plaintiff is abandoning or narrowing the claim. Some dismissals can be filed unilaterally; others require a stipulation or judge’s approval. Procedural rules vary by jurisdiction and case type, so filings should follow the applicable court local rules and e-filing procedures.

Why a Voluntary Dismissal May Be Appropriate

Voluntary dismissal clarifies case status, can avoid unnecessary litigation costs, and preserves or forfeits the right to refile depending on whether it is with or without prejudice. It also sets the procedural record for settlements or strategic withdrawals.

Why a Voluntary Dismissal May Be Appropriate

Who Typically Prepares and Files This Form

The form is usually prepared by the plaintiff or the plaintiff's attorney and must be served on opposing parties in accordance with court rules.

  • Plaintiff or counsel — Files unilateral dismissals or prepares stipulations for mutual dismissal.
  • Pro se litigant — Self-represented plaintiffs who handle filing and service themselves.
  • Defense counsel or court — Records and countersigns filings when court approval or docketing is required.

After filing, the clerk will docket the dismissal; some courts require a proposed order or additional service proof to close the case officially.

Who Has Authority to Sign

Lead Attorney

An attorney of record for the plaintiff signs most dismissal forms on behalf of the client; signature indicates authority to act and to bind the party on procedural matters in that case.

Pro se Plaintiff

A self-represented plaintiff may sign and file the dismissal personally; courts generally accept pro se filings but expect accurate party identification and compliance with service rules.

Key Information the Form Requires

Case Caption: Court and party names
Docket Number: Unique court case ID
Plaintiff Name: Full legal plaintiff name
Defendant Name: Full legal defendant name
Dismissal Date: MM/DD/YYYY format
Dismissal Type: With or without prejudice

Step-by-Step: Filing a Voluntary Dismissal

Follow these core steps to complete, sign, and file the dismissal. Local court procedures may add steps or require forms.

  • 01
    Prepare Form: Complete caption, number, parties, and dismissal choice.
  • 02
    Attach Proposed Order: Include a proposed order if the court requires approval.
  • 03
    Sign & Date: Signer prints name and capacity; add bar number if attorney.
  • 04
    File & Serve: E-file or deliver to clerk and serve opposing parties per rules.

Where the Form Goes and Who Receives It

Filing routes vary: electronic case filing (ECF) is common in federal and many state courts; some jurisdictions accept paper filings or require additional service proof.

  • Court Clerk: Submit to the clerk for docketing and record update.
  • E-File System: Upload via the court's e-filing portal when available.
  • Opposing Parties: Serve the dismissal and any proposed order per local rules.
  • Judge's Chambers: Judge reviews only if approval or proposed order is required.

Configuring an Online Workflow for Dismissals

Set up fields, authentication, and routing to match court and service requirements before distributing the form for signature.

Field Configuration
Signature Placement Designate signature, printed name, date fields
Authentication Email plus access code or multi-factor
Routing Send to plaintiff then opposing counsel
Retention Policy Store final PDF and audit log securely

Technical Considerations for Digital Signing

Confirm file formats, signer authentication, and court acceptance before using an electronic signing platform.

  • Supported formats: PDF and DOCX accepted
  • Authentication options: Email, SMS code, or higher
  • Integrations: Connects with common cloud storage

Ensure the platform records an audit trail (timestamp, IP, signer identity) and that electronic signatures are permitted by the local court; platforms often integrate with document storage and case management systems for secure retention.

Timing and Deadlines to Watch

Deadlines depend on court rules and the status of the case; timely service and accurate docketing prevent administrative rejections and procedural disadvantages.

Before Answer or MSJ:

Voluntary dismissal often allowed without prejudice before defendant's answer or motion decision.

After Answer:

Dismissal may require stipulation or court leave once an answer is filed.

Class Actions:

Court approval usually required for dismissals affecting class members.

Service Timing:

Serve opposing parties the same day as filing unless local rules state otherwise.

Clerk Processing:

E-filing systems may docket immediately; paper filings may take several days.

Key Processing Milestones

Track these milestones from preparation through docket closure to ensure the dismissal is effective and recorded.

01

Document Preparation

Complete form and any proposed order before signing.

02

Signature Execution

Signer signs and dates; include attorney bar number if applicable.

03

Filing / E-Filing

Submit to clerk or e-file per local procedures.

04

Service & Docketing

Serve opposing parties and confirm clerk docket entry.

Common Mistakes to Avoid

  • Using an incorrect case caption or docket number that prevents the clerk from matching the filing to the correct file and delays closure.
  • Failing to select or understand 'with prejudice' versus 'without prejudice', which can unintentionally bar future claims or preserve refiling rights.
  • Not serving the opposing party or failing to attach proof of service, causing the court to treat the filing as incomplete.
  • Uploading an unsigned or improperly authenticated PDF to e-file systems, leading to administrative rejection or motion practice.

Consequences and Risks

Claim Barred: Refiling prevented
Administrative Delay: Case remains open
Sanctions Risk: Possible cost sanctions
Jurisdictional Error: Improper venue issues
Loss of Rights: Statute of limitations impacts
Service Defect: Opposing party not properly notified

eSignature Pricing Comparison for Filing and Signing

Basic pricing and compliance features for common eSignature providers. signNow is listed first per comparison convention; verify plans directly with vendors for current availability and trial details.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently Asked Questions

Answers to common questions about completing, signing, and filing a voluntary dismissal form to help avoid procedural errors.


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