Requests for Dismissal

[mariagonzalez]

I typically do not serve a copy of the Request for Dismissal at the time that I send it to the clerk to be dismissed, I serve a Notice of Entry of Dismissal once it comes back dismissed. Is that the correct process?

[anncposthill]

Well, you do not have to serve your unconformed Request for Dismissal per the code, but you have to let every clerk in the state know that before you try filing one without a POS. I have had them kicked for a lack of a POS and who do you complain to? Easier just to do the POS and serve and file it.
Some clerks know the code and will not kick it, but you may not get lucky.

[Dawn Forgeur, CCLS]

That’s the way I usually do it, file the RFD first, then do the notice of entry of dismissal and POS. I do see some firms will only file/serve the request for dismissal, but then it’s not completed at the bottom by the clerk.

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