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Plaintiff's Motion to Dismiss Complaint

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STATE OF MAINE

DISTRICT COURT

Location

Docket No.

COMPLAINT FOR PROTECTION

FROM HARASSMENT

(5 M.R.S.A. §§ 4651 et seq.)

Plaintiff:

individually and on behalf of:

on behalf of:

V.

Defendant:

on behalf of:

1. Plaintiff information:

Full name:

Gender: Female Male Date of birth:

Present street address, city and telephone number:

If different, mailing address

2. Defendant information:

Full name:

Gender: Female Male Date of birth:

Race: White Black Asian or Pacific Islander American Indian or Alaskan Native Unknown

Present street address, city and telephone number:

If different, mailing address:

3. I base my claim for protection from harassment on the following facts: Describe the harassment and include who committed it, when and where it occurred. (If additional space is needed attach another sheet.)

4. Are you aware of any matter currently pending in any Probate Court concerning any child named in this complaint?

Yes No

If yes, location of Probate Court:

5. You must choose either (a) or (b):

(a) This claim involves an allegation of domestic or dating violence, sexual assault or stalking;

OR

(b) This claim does not involve an allegation of domestic or dating violence, sexual assault or stalking.

6. You must choose either (a) or (b):

(a) I have attached to this Complaint a copy of the notice(s) issued by law enforcement pursuant to 17-A M.R.S. § 506-A to defendant to stop harassing me (or the person on whose behalf I am filing this Complaint).

OR

(b) I have not sought / obtained from law enforcement a notice to defendant to stop harassing me (or the person on whose behalf I am filing this Complaint) because:

MOTION FOR TEMPORARY ORDER (OPTIONAL)

I am in immediate and present danger of physical abuse or extreme emotional distress from the defendant's conduct or my business property is in immediate and present danger of suffering substantial damage as a result of the defendant's actions because:

I therefore request that a temporary order for protection from harassment be issued.

REQUEST FOR RELIEF (you must select one or more of the options below)

I ASK THE COURT TO:

  • (a) Order the defendant to stop harassing me.
  • (b) Order the defendant to have no contact with me, directly or indirectly.
  • (c) Order the defendant not to enter my residence.
  • (d) Order the defendant to refrain from repeatedly, and without reasonable cause, following me or being at, or in the vicinity of, my home, school, business or place of employment.
  • (e) Order the defendant to refrain from interfering with my property.
  • (f) Order the defendant to remove, destroy or return the private images or direct the removal, destruction or return of same, order the defendant to cease disseminating the private images and further order the defendant from any future dissemination of the private images.
  • (g) Order the defendant to pay monetary compensation for losses that I have incurred as the result of the harassment.
  • (h) Order the defendant to pay my attorney's fees and court costs and to order any other necessary and proper relief.
  • (i) Order the defendant to refrain from destroying, transferring or tampering with my passport or other immigration document in the defendant's possession.

Date:

Signature of plaintiff

Personally appeared the above named Plaintiff and signed and made oath to the truth of the statements in the above complaint, before me,

Date:

Clerk / Notary Public / Attorney at Law

Enter text

What a Plaintiff's Motion to Dismiss Complaint Is and When It Applies

A Plaintiff's Motion to Dismiss Complaint is a formal court filing in which the plaintiff asks the court to dismiss part or all of their own complaint or to voluntarily dismiss a case against certain defendants or claims. Common bases include mootness, settlement, dismissal without prejudice under Fed. R. Civ. P. 41(a)(2), or correcting procedural errors by refiling. The motion sets out the legal and factual reasons for dismissal, cites governing authority, and requests an order. The filing typically follows local court rules for formatting, service, and supporting affidavits or declarations.

Why a Carefully Drafted Plaintiff's Motion Matters

A clear, rule-compliant motion minimizes procedural risk, preserves claims for refiling if appropriate, and documents the court’s disposition. It helps avoid unintended waiver of rights or entry of judgment against the plaintiff.

Why a Carefully Drafted Plaintiff's Motion Matters

Who Prepares and Uses This Motion

Typical users include litigation attorneys, in-house counsel handling docket management, and plaintiffs representing themselves in civil matters.

  • Litigation firms managing strategic dismissals and refilings for multi-claim litigation.
  • In-house legal teams closing redundant or settled claims to limit exposure and costs.
  • Pro se plaintiffs seeking to withdraw or narrow their complaint without adverse judgment.

The document is primarily procedural; choose the filing venue, timing, and supporting evidence to match court and jurisdictional rules.

Step-by-step: Preparing and Filing the Motion

Follow this sequential checklist to prepare, serve, and file a plaintiff-initiated dismissal motion in compliance with court rules.

  • 01
    Draft Motion: State relief sought, legal basis, and concise factual background.
  • 02
    Attach Exhibits: Add settlement agreement, declarations, or supporting documents.
  • 03
    Certificate of Service: Confirm how and when opposing parties were served.
  • 04
    File With Court: E-file or file in person per local court rules and pay fees.

Frequently Asked Questions About Plaintiff's Motions to Dismiss Complaint

Answers to common procedural and practical questions about preparing, serving, and submitting a plaintiff-initiated dismissal motion.


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Key Data and Document Elements Required

Case Caption: Exact party names
Docket Number: Court-assigned identifier
Relief Sought: Clear dismissal request
Supporting Exhibits: Labeled attachments
Certificate of Service: Proof of notice
Signature: Attorney or party signature

Consequences of an Incorrect or Incomplete Motion

Motion Rejection: Clerk return or denial
Sanctions Risk: Court may impose sanctions
Waiver Issues: Unintended waiver of rights
Costs Exposure: Adverse cost-shifting possible
Preclusion: Claim or issue preclusion risk
Delayed Resolution: Extended litigation timeline

Common Preparation Errors to Avoid

  • Using an incorrect case caption or docket number, which can cause the clerk to reject or misfile the submission.
  • Failing to attach or properly reference key exhibits, leaving the court without necessary proof for the requested relief.
  • Neglecting to include a certificate of service showing how opposing counsel or parties were served.
  • Asserting ambiguous relief or failing to state whether dismissal is with or without prejudice, creating confusion and potential appeal issues.

Filing Flow: From Draft to Court Order

A typical filing flow moves from drafting and internal approval through service, e-filing, and final court disposition; account for local rule timing.

  • Draft and Review: Prepare motion and supporting documents; obtain sign-off.
  • Serve Opposing Parties: Provide notice per local rules and include certificate of service.
  • File with Court: E-file or deliver to clerk; include proposed order.
  • Court Ruling: Judge may grant, deny, or impose conditions on dismissal.

Digital Workflow Settings for Online Completion

Configure an online template to collect required fields, attach exhibits, and record signer attribution before filing.

Field Configuration
Case Caption Field Required, auto-fill from case master
Docket Number Field Required, validation pattern
Exhibit Upload Allow multiple PDF uploads
Signature Method eSignature with audit trail

Technical Options for eSigning and eFiling

Select a platform that supports PDF, DOCX import, produces audit trails, and meets any court-required authentication levels.

  • File Formats: PDF and Word DOCX supported
  • Integrations: Works with cloud and e-filing systems
  • Authentication: Email, SMS, or stronger KBA

Confirm the court accepts electronically signed documents and follow local e-filing rules; maintain a reproducible record for retention and evidence.

Key Timing and Deadlines to Observe

Timing depends on local rules and whether other parties have filed responsive pleadings; observe federal and local deadlines to avoid forfeiture.

Timing to File (FRCP 41(a)):

A plaintiff may voluntarily dismiss before the defendant files an answer or move by notice; otherwise court approval required.

Response Window:

Opposing parties typically have time to object; check local rules for objection deadlines.

Hearing Scheduling:

Some courts require a hearing; request scheduling per local practice.

Service Deadline:

Serve motion and certificate of service before filing per court rules.

Refiling Considerations:

Statute of limitations may limit refiling; calculate tolling and accrual dates carefully.

Milestones: From Filing to Final Order

Track essential milestones to ensure timely action and evidence preservation at each procedural stage.

01

Draft Complete

Motion and exhibits finalized by counsel before circulation.

02

Service Executed

Opposing counsel served and certificate prepared.

03

Clerk Filing

Document filed with clerk and e-filing confirmation obtained.

04

Court Disposition

Judge issues order granting, denying, or conditioning dismissal.

eSignature Vendor Pricing and Feature Snapshot

Pricing and key feature availability across common eSignature vendors. signNow is listed first per platform comparison conventions.

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 plan Varies by plan Varies by plan Varies by plan
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

Representative Use Cases for Plaintiff-Initiated Dismissals

Two concise examples show how organizations and practitioners use a plaintiff's dismissal motion in routine litigation workflows.

Small Firm Case

A regional law firm moved to dismiss a surplus claim after settlement negotiations concluded.

  • The court entered an order without prejudice.
  • The firm retained the motion and order in the client file and noted potential tolling considerations before any refiling.

In-House Counsel Example

Company counsel sought to dismiss duplicative state-law counts following a global settlement.

  • Opposing counsel requested cost-sharing; the parties proposed terms.
  • The court approved conditional dismissal, preserving the company from further duplication and clarifying billing adjustments.

Practical Tips for Accurate and Efficient Completion

Adopt consistent practices to reduce errors and accelerate court acceptance of the dismissal motion.

Use the Original Caption
Always copy the caption and docket number directly from the complaint or court docket to avoid misfiling.
Be Explicit About Prejudice
State whether the dismissal is with or without prejudice and explain the legal effect to limit future disputes.
Include a Proposed Order
Attach a clean, signed proposed order formatted to court requirements to expedite the judge’s consideration.
Preserve Evidence
Keep electronic audit trails, delivery receipts, and original exhibits for the full retention period in case of challenge.
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