Monday, 3 March 2014

in a tort civil action after settlemen which party signs the request for dismissal

Question

in a tort civil action after settlemen which party signs the request for dismissal



Answer

The person filing the complaint, or their attorney, dismisses the complaint.



Answer

I agree with Mr. Shers. Additionally, if the case involves cross-complaints or complaints in intervention, the parties who filed them should dismiss them if those parties have settled their claims. If you are such a party, you should have a lawyer review your status before you take any action.



Answer

The plaintiff signs the request for dismissal. If a cross-complaint was filed by the defendant, then his signature would need to be on it as well, along with the box marked "consent to dismissal."



Answer

If you do not have a lawyer, do not sign the request for dismissal until you have your check in hand.



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