What this form actually does
CIV-110 lets a plaintiff voluntarily dismiss their own case, a specific cause of action, or a specific party, before trial has actually begun. It's also used to dismiss a case that's settled, or to clear a case after a settlement agreement has been fully performed. Once filed and entered by the clerk, it ends the case (or the dismissed portion) without a judge's ruling on the merits.
Before you file
- Understand "with prejudice" vs. "without prejudice." Dismissal "without prejudice" means you can potentially refile the same claim later (subject to the statute of limitations). Dismissal "with prejudice" permanently bars you from bringing that claim again — this is often required as part of a settlement, so read any settlement agreement carefully before choosing.
- Decide the scope. You can dismiss the entire action, just certain causes of action, or just certain parties while continuing against others — the form has separate sections for each.
- Check for any conditions. If dismissal is tied to a settlement, confirm all conditions (like a payment being received) are actually satisfied before filing, since dismissal can be difficult to undo afterward.
Filling it out, section by section
- Caption. Match the case number and party names exactly.
- Scope of dismissal. Check whether you're dismissing the entire action or only specific causes of action/parties, and identify them precisely if partial.
- With or without prejudice. Check the correct box — this is the most consequential choice on the form.
- Declaration regarding fee waiver (if applicable). If fees were waived earlier in the case, there's a section addressing whether waived fees are now due.
- Sign and file. Submit to the clerk; some case types or procedural postures require court approval rather than a clerk's automatic entry — check whether that applies to your case (for example, cases involving a minor's claim typically require court approval of any dismissal or settlement).
Timing matters: a plaintiff generally has a right to dismiss voluntarily before trial actually begins, but that right can be more limited once trial starts or once certain other proceedings have occurred. If your case is close to trial, confirm your ability to dismiss unilaterally hasn't changed.
Common mistakes
- Choosing "with prejudice" without understanding it permanently bars refiling that claim.
- Dismissing the entire action when only one party or claim was meant to be dismissed.
- Filing before a settlement condition (like payment) has actually been satisfied.
- Not realizing certain cases (like those involving a minor) require a judge's approval before dismissal is effective.