I have recently settled a lawsuit without an attorney prior to the case going to the first "Case Management Hearing". The plaintiff's attorney drafted a "Settlement and Release Agreement" which was signed by myself and the plaintif. I am currently waiting for the "Dismissal With Prejudice Statement" Which party is responsible for filing th NOTICE OF FINAL SETTLEMENT form with the court?
Usually the plaintiff will need to file the notice of settlement. California Rules of Court
Rule 3.1385, states, in pertinent part, as follows:
"DUTY TO NOTIFY COURT AND OTHERS OF
SETTLEMENT OF ENTIRE CASE
(a) Notice of settlement
(1) Court and other persons to be notified
If an entire case is settled or otherwise disposed of, each plaintiff or other party seeking affirmative relief must immediately file written notice of the settlement or other disposition with the court and serve the notice on all parties and any arbitrator or other court-connected alternative dispute resolution (ADR) neutral involved in the case. Each plaintiff or other party seeking affirmative relief must also immediately give oral notice to all of the above if a hearing, conference, or trial is scheduled to take place within 10 days."
You can utilize form CM-200 or type up your own notice of settlement. In the case of an unconditional settlement, a request for dismissal must be filed within 45 days thereafter.
This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.
The Plaintiff is responsible for filing the Request for Dismissal form with the court.
This is what the form looks like:
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline