This guide is for anyone who wants to file with the. This matter is now before the Court on Plaintiff's Motion for Voluntary Dismissal.Without Prejudice and Motion to Strike or Dismiss Purported Counterclaim. Upon the filing of a motion to revive a dormant judgment the clerk shall forthwith issue a summons for service upon each judgment debtor. A dismissal is without prejudice unless otherwise stated in the notice, stipulation, or court order. (j) DEPOSIT AND ITS DISTRIBUTION. (c) Motion for Judgment on the Pleadings. After the pleadings are closed—but early enough not to delay trial—a party may move for judgment on the pleadings. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. In the case of a voluntary dismissal without prejudice, the dismissal "is not an.