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A party shall have twenty-one (21) days to respond to a motion to dismiss or for summary judgment. The party may, within fourteen (14) days after the service of such response in opposition upon him, file an original with the clerk and serve upon all other parties a copy of a written reply memorandum.
Rule 5.04 - Voluntary Dismissal (a) Voluntary Dismissal; When Allowed; Effect. Before an opinion is filed, an appellant may dismiss an appeal by stipulation or by filing with the clerk of the appellate courts and serving on all parties a notice of dismissal.
A Motion to Dismiss is a formal document that would be filed in an court of law, usually soon after a case is brought to court. A Motion to Dismiss is essentially a request to have a case removed from court, or thrown out.
The motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.
(2) On its own, the court may dismiss a case without prejudice for lack of prosecution, but only after notice to counsel of record, not less than 14 days prior to the intended dismissal, that an order of dismissal will be entered unless cause is shown for not doing so.
If you wish to drop the PFA, the Court Clerk's office has the necessary forms. You will need to complete the forms and then have the Judge who issued the ?No Contact? Order sign off on your dismissal. Do not drop the PFA if you still have concerns about your or your child(ren)'s safety.