How to Complete a CIV-110 Request for Dismissal Form

The CIV-110 Request for Dismissal form is used in California civil cases to ask the court to dismiss a case. This guide walks through when to use the form, how to fill it out accurately, and the steps to file and serve it properly. Understanding the purpose of each field helps ensure the dismissal is processed smoothly and minimizes the risk of delays or disputes.

What Is A CIV-110 Request For Dismissal

The CIV-110 is a court form that requests dismissal of a civil action. It is typically filed by the plaintiff, defendant, or both parties with the court to formally end the case. A dismissal can be with prejudice (prevents refiling) or without prejudice (allows refiling). Some jurisdictions also require or prefer a dismissal with prejudice when parties have reached a final settlement, while others permit a simple withdrawal without prejudice for ongoing negotiations.

When To Use The CIV-110 Form

Use CIV-110 when all parties agree to dismiss the case, or when a party seeks a court order to dismiss due to settlement, lack of prosecution, or other agreed reasons. It is commonly utilized before trial to finalize the case status. If a case has already proceeded to trial, different forms or procedures may apply, and counsel should verify local court rules.

Key Fields On The CIV-110 Form

The form collects core information about the case, the dismissal type, and the parties. The following fields are typical, but always check the latest version from the court or the court’s online forms portal:

• Case Caption: Names of all parties as they appear in the case.
• Case Number: The court’s case identifier.
• Parties To Dismiss: Indicate which party or parties are requesting dismissal.
• Dismissal Type: Choose “With prejudice” or “Without prejudice.”
• Reason For Dismissal: Brief explanation (e.g., settlement reached, case requires no further action).
• Date Of Proposed Dismissal: The effective date, if specified.
• Signature And Date: Signature of the party or attorney and the date signed.
• Attorney Information: If a lawyer files the form, include name, firm, address, phone, and State Bar number.
• Mailing/Service Details: Information about how service was or will be made to other parties.

How To Correctly Fill The CIV-110

Follow these steps to complete the form accurately:

1. Collect case information: verify the exact case caption and case number from your court documents.
2. Identify dismissal type: select either “With prejudice” or “Without prejudice,” based on the agreement and intent of the parties.
3. State the reason: provide a concise rationale for the dismissal, aligned with the circumstances (e.g., “settlement reached; case dismissed with prejudice”).
4. Fill in party details: list the parties to be dismissed and, if applicable, the party filing the form.
5. Enter contact details: provide current mailing address, email, and phone number to facilitate court communications and service.
6. Sign and date: the form must be signed by the appropriate party or attorney. Some courts require a notary or verification for certain dismissals.
7. Prepare copies: make the required number of copies for filing with the court and serving on all other parties.

Filing And Serving The CIV-110

Filing and service steps can vary by court, so always verify local rules. General guidance includes:

• Filing: Submit the original CIV-110 to the court clerk, either in person or via the court’s online filing portal if available. Some courts require a separate cover sheet or filing fee; confirm current requirements.
• Service: Serve a copy of the completed form on all other parties or their counsel. Use an approved method (personal service, authorized mail, or other court-approved service).
• Proof Of Service: File a Proof of Service with the court to show that all parties were properly notified.
• Timing: Some courts require timely filing before a deadline; failing to meet deadlines can jeopardize the dismissal.

Common Scenarios And Precautions

Be aware of potential complications that can arise with a CIV-110:

• With Prejudice: Generally chosen when parties want final closure and no right to refile related claims.
• Without Prejudice: Used when settlement is possible, but there is a desire to preserve the option to refile later.
• Disposition By Court: If the court requires a hearing or additional orders, the form alone may not finalize the dismissal.
• Inconsistent Filings: If another party objects or has filed a separate motion, coordinate to avoid conflicts.

Tips To Ensure A Smooth Dismissal

• Double-check party names and case number for accuracy to prevent filing errors.
• Confirm the dismissal type aligns with the settlement terms or court order.
• Attach any related settlement documents or stipulations if the court requires them or if they support the dismissal rationale.
• Maintain copies of all documents and proofs of service for your records.
• Review local court rules for online filing, scan requirements, and acceptable service methods.

What Happens After The CIV-110 Is Filed

After filing and service, the court will review the request. If properly completed and unopposed, the court may issue an order dismissing the case. If there are unresolved issues or objections, the court may hold a hearing or request additional information. Once dismissed, the case record reflects the dismissal status, and applicable rights to refile are determined by whether the dismissal was with or without prejudice.

Frequently Asked Questions

• Is a CIV-110 always required to dismiss a case? Not always. Some cases may be dismissed via stipulation or other forms; check your court’s procedures.
• Can I file CIV-110 without an attorney? Yes, individuals can file pro se, but consider legal advice for complex settlements or potential appellate issues.
• What if the other party does not consent to the dismissal? The court may require a default, a hearing, or may deny the dismissal if the request is improper; consult the clerk or an attorney.