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.?
2 Answers from Attorneys
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.
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.