I want to withdraw my complaint from a civil court case. What does a Notice of Voluntary Dismissal contain in it? Is it common
3 attorney answers
Assuming the other state has proper venue and you can file there, there should be no problem voluntarily dismissing this case.
Keep in mind the rules of this, in that many things follow the refilled case from the old one, such as discovery rulings.
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Simply indicate you intend to withdraw your complaint and pray to dismiss the case. It will be done unless there is a counter-complaint still pending. You might have to pay your opponent's filing fees.
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The voluntary withdrawal of your complaint can be done with a simple motion asking for voluntary dismissal, giving notice to any party that has filed an appearance. You should wait until your motion for voluntary dismissal is granted before re-filing in the proper jurisdiction so that you do not have multiple suits involving the same parties/transactions pending simultaneously, which may subject both complaints to dismissal.