This paragraph is the introduction, so you don’t have to go into any facts or reasons. Simply state who you are, who the other parties in the case are, and that you wish to withdraw your lawsuit against them.
For example, if you and the defendant have come to a compromise and settled the dispute, you might state that and attach a copy of the written settlement agreement as an exhibit to your motion. Rules in most jurisdictions specify the exact format for motions. Specifically, the body of your motion will list first facts, then reasons for dismissal, in separate, numbered paragraphs. Make only one statement, fact, or reason per numbered paragraph. The rules in your jurisdiction may specify other formatting instructions, such as the size of paper or color of ink to use. Make sure you review these rules before you finalize your motion.
If you ask the court to dismiss your lawsuit “with prejudice,” it means that your lawsuit is dismissed and you can’t file any other lawsuits in the future involving the same claim. If you ask the court to dismiss your lawsuit “without prejudice,” it means that although this particular lawsuit is dismissed, you still have the right to file another lawsuit involving the same claim in the future. You might choose to have your lawsuit dismissed without prejudice if there was something wrong with the lawsuit that you could easily fix. For example, if you realized after filing the lawsuit that you’d filed in the wrong court, you might file a motion asking the court to dismiss the lawsuit without prejudice so you could refile your lawsuit in the correct court.
Underneath the space for your signature, type your name and mailing address in a block, just as they would appear on the envelope of a letter. Include your phone number and email address in addition to your mailing address.
Most jurisdictions have a form for the certificate of service, but you must make sure you choose the method of service: either certified mail or hand delivery.
Some jurisdictions may require you to sign your motion in the presence of a notary. Find out from the clerk before you sign it on your own.
Typically you must pay filing fees to file a motion, unless you’ve already completed the application to have fees waived in your case. These fees vary among states and among courts within states, but usually the costs will be less than $100 to file a motion.
You must serve the motion using the same method you chose for the certificate of service. When the motion is served, you must make sure a proof of service is filed with the court so the judge knows the other side knows about your motion. Some jurisdictions require you to mail a copy of the motion to the other parties in your case before you file it, so check with the clerk to see what the correct procedure is. [7] X Research source
For this reason, the judge usually will simply issue an order dismissing your case without holding a hearing on the matter. If no hearing is required, the clerk will mail the judge’s order back to you once the judge has made his decision. [8] X Research source
