Legal Question in Civil Litigation in District of Columbia

Procedure for withdrawal

What is the procedure for withdrawal of a

civil suit before the U.S. District Court

of D.C.?


Asked on 7/31/02, 11:58 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Procedure for withdrawal

The plaintiff(the person suing)writes a brief letter or her attorney submits a motion notifying the court of the plaintiff's intent to withdraw the suit without prejudice.(The last two words ensures that the case may be refiled at a latter date if the plaintiff so desires.)

Make sure that whatever document is submitted that it has the correct case number.

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Answered on 8/01/02, 8:02 am
Daniel Press Chung & Press, P.C.

Re: Procedure for withdrawal

If no Answer or Motion for Summary Judgment has been filed, the Plaintiff has a right to file a Notice of Voluntary Dismissal, which would be without prejudice (i.e., with leave to refile), provided the suit has never been filed before. If the suit has been previously voluntarioly dismissed, the dismissal would be with prejudice, meaning it can't be re-filed. If an Answer or Motion for Summary Judgment has been filed, you need to file a motion to have the case dismissed, or a stipulation signed by both parties. See Rule 41.

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Answered on 8/01/02, 11:42 am


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