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A notice of voluntary dismissal which a plaintiff may use to dismiss an action before the defendant has answered or moved for summary judgment. This Standard Document has integrated drafting notes with important explanations and drafting tips.
A motion to dismiss is a formal request by a party to the court to dismiss a case. This pretrial motion is often filed before a criminal or civil case begins. Often, the defendant files this type of motion shortly after receiving the complaint and before engaging in further legal proceedings.
plaintiff - The person who files the complaint in a civil lawsuit.
The plaintiff is the party who brings a legal action to the court. The defendant is the party who is being sued. In a civil trial, the plaintiff initiates a lawsuit in which claims are made against a defendant, and the defendant must answer the allegations against them.
If the motion is granted, the plaintiffs case is dismissed, and the defendant is no longer required to respond to the complaint. However, the plaintiff may have the opportunity to file an amended complaint to address the deficiencies identified in the motion.
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