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Motion to Dismiss

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These instructions and forms are a product of the Nebraska Supreme Court’s Implementation Committee on Pro Se Litigation and are provided as a public service to people who wish to handle their own court cases.

THE SUPREME COURT DOES NOT REPRESENT THAT THESE INSTRUCTIONS AND FORMS WILL BE APPROPRIATE IN EVERY CASE.   IF YOU HAVE QUESTIONS ABOUT THE USE OF THE INSTRUCTIONS AND FORMS, ASK A LAWYER.

Although these instructions and forms were developed to assist people who are handling their own cases, the Supreme Court’s Implementation Committee on Pro Se Litigation urges anyone thinking of handling their own case to consider getting a lawyer to help with their case.

Many courts have specific local rules that may apply in your case.  Check with the Clerk Court where original case was filed.  If you fail to follow the local rules, it may affect your ability to obtain the desired outcome from your court case.

Introduction

Use these forms when you have filed a case and no longer wish to continue; for example, you have filed the paperwork for divorce and have decided that you no longer wish to proceed and would like the court to dismiss your petition.

Facts About Dismissing Your Case in Nebraska

  • You will need the Case Number of the case you want to dismiss.
  • Any person wishing to discontinue a case that they filed in a Nebraska court may do so; however, the other party may choose to continue.
  • Generally you can dismiss a court case anytime before a judgment has been entered, but if a counter-claim has been filed, and you dismiss your case, the defendant may proceed with his/her claim.
  • If you file a Motion to Dismiss without the assistance of an attorney you must complete all the forms necessary. The Court cannot assist you in preparing any legal documents.

Forms and Filing

Forms

Complete list of forms and instructions.

Filing the Forms

To begin the process, you must complete your Motion to Dismiss (DC 4:7) along with the proposed Judge’s Order (DC 4:7(1)).  Refer to the Instructions for Filling out the Motion (DC 4:7(a)) for details.

  • Complete the Certificate of Service as part of the Motion to Dismiss (DC 4:7).
  • Make 2 additional copies of the Motion to Dismiss and Certificate of Service.  For: (a) your records and (b) you must send a copy to the other person against whom you filed your case.
  • If you know that the other person no longer lives at the address provided by you when you initially filed your case, you may want to mail a copy of the Motion to both the original address and the address where you know the other person currently lives.
  • When you go to the post office to mail a copy of the Motion, you may wish to have the post office send it by Certified Mail.  Other wise, send it via First Class mail.  You do not need to send the Motion by registered mail, nor do you need to insure it.
  • You will then take the originals of the Motion and the Order to the Clerk of the Court where you filed the original petition.
  • If the court determines that a hearing is necessary, a notice of the hearing date & time will be sent to you.
  • If no hearing is required, the court will mail the order back to you.

If There is a Court Hearing on Motion to Dismiss

  • Appear at the hearing early.  BE ON TIME. 
  • When it is your turn, explain to the judge why you wish to dismiss the petition. 
  • If the person against whom you have filed the court case does not appear, or appears but does not object to the dismissal, then the judge will generally grant the Motion and sign the Order of Dismissal.

After the Order is Signed

  • Courts generally will give or send copies of the court order with the new court date to you and the others involved in the case and/or their attorneys; however, some courts may require you to notify the other people involved in the case.  Ask the Clerk of the Court for the procedure in your court.

This page was last modified on Tuesday, July 16, 2013