The CIV-110 Request for Dismissal is a California civil court form used to ask the court to dismiss a civil case, often after a settlement, curtailment of issues, or a procedural change. This guide explains how to accurately complete the form, what information is required, and how to file and serve it effectively. Following these steps helps ensure the request is properly considered and reduces the chance of delays.
What Is The CIV-110 Request For Dismissal
The CIV-110 is a standardized court document in many California counties that initiates dismissal of a civil action or a portion of it. It may be used to dismiss the entire case or specific claims, parties, or causes of action. The form typically requires identifying information about the case, the parties, and specifics about what is being dismissed and when the dismissal should take effect.
When To Use The CIV-110
Use the CIV-110 when all parties agree to dismiss, or when a party seeks a dismissal under a court order, settlement, or stipulation. It may be appropriate after a settlement, a withdrawal of claims, or a procedural dismissal due to jurisdiction or lack of prosecution. Ensure that a valid basis exists for dismissal and that any related deadlines or conditional terms are addressed.
What You’ll Need Before You Start
- Case number and court name.
- Names of all parties involved and their roles in the action.
- A clear statement of what is being dismissed (entire case, specific claims, or defendants).
- Agreement or court order supporting the dismissal, if required by local rules.
- Any required signatures, such as from all parties or counsel of record.
- A prepared proposed order of dismissal, if local rules require it.
Steps To Complete The CIV-110
- Identify The Case
- Fill In Party Information
- State The Dismissal Details
- Indicate The Dismissal Type
- Attach Supporting Documents
- Sign And Date
- Prepare A Proposed Order (If Required)
- Review For Accuracy
Detailed Instructions For Completing The Form
Case Caption And Case Number: Enter the full court caption (court name) and the case number exactly as it appears on the docket. This ensures the form is linked to the correct case.
Parties Involved: List the plaintiff and defendant names as they appear on the case. If multiple defendants or cross-complainants exist, include all relevant parties to avoid confusion.
Dismissal Details: Specify what is being dismissed. Example language: “Plaintiff’s Complaint in its entirety; or Counts I–III only; or Defendant X from the action.” Be precise to avoid ambiguity about partial dismissals.
Reason For Dismissal: Some jurisdictions require a brief justification, such as “settlement reached” or “mutual stipulation.” State the reason succinctly if the form provides a field for this.
Effective Date: If the dismissal should take effect on a specific date, indicate it. If there is no date requirement, leave the field as directed by the form or local rules.
Type Of Dismissal: Check the applicable option, such as “With prejudice” or “Without prejudice,” if the form provides it. Confirm the legal effect with your attorney or the court clerk.
Signatures: The form may require signatures from counsel of record or all joint parties. Ensure all required signatures are included before filing.
Attachments You Might Include
- Stipulation And Order Of Dismissal (if applicable).
- Settlement Agreement or Term Sheet (redacted as permissible).
- Proposed Order Of Dismissal (often required by local rules).
- Any Correspondence Or Court Orders Related To The Dismissal.
Filing The CIV-110
Check local county court rules for filing requirements, as procedures vary by jurisdiction. In many counties, the CIV-110 is filed with the court clerk in the civil division either in person or via an online portal. Include the original and any required copies as directed by the court. If a filing fee is required, submit payment according to the clerk’s instructions.
Filing Deadlines: Some dismissals require timely filing to avoid further proceedings. Confirm any deadlines with the court or your attorney and file promptly after reaching agreement or receiving the necessary order.
Serving The Dismissal
After filing, serve a copy of the CIV-110 on all parties or their counsel following the court’s service rules. Service ensures all parties are informed of the dismissal and helps prevent disputes about whether the dismissal has been effected.
What Happens After Filing
Once filed and served, the court may review the dismissal for form and compliance with local rules. If the dismissal is conditional, it may require entry of a separate order. If any issues arise, the court or opposing counsel may request amendments or additional information.
Record Keeping: Keep copies of the filed CIV-110, the proof of service, and any orders or stipulations. These documents serve as the official record of the dismissal and may be needed for future reference.
Common Pitfalls And How To Avoid Them
- Incomplete party information leading to misapplied dismissals. Always verify names and roles with the docket.
- Ambiguity about what is being dismissed. Use precise language for the scope of dismissal and attach a clear list if multiple claims exist.
- Missing signatures or improper service. Ensure all required signatures are present and that service follows local rules.
- Omitting required attachments or proposed orders. Check local forms and rules before submission.
Tips To Improve Processing Time
- Double-check all fields for accuracy before filing.
- Include a neatly formatted proposed order if required by the court.
- Attach a cover sheet or a simple memo clarifying the dismissal request, if allowed.
- Confirm electronic filing credentials and ensure the portal submission aligns with the county’s format.
Resources And Next Steps
Users should consult the local court’s website or clerk for county-specific CIV-110 instructions, forms, and filing procedures. Many courts publish detailed guides, sample completed forms, and hours for in-person assistance. If there is any doubt about the implications of a dismissal (for example, whether it is with or without prejudice), seek guidance from a licensed attorney familiar with California civil procedure.