Requests for dismissal or non-suit of a pending case can be submitted by using the Request for Court Action – Civil/Small Claims Division form, plaintiff's praecipe, endorsed order, or sufficient proof of the consent of all parties.
The plaintiff is able to request a non-suit or dismissal of a case coming into court as long as notice is provided to the defendant and there is no counter-claim pending. If the request is received at least 4 days prior to court either on the Request for Court Action form or in the form of an order, then the case will be removed from the court's docket; otherwise, the request will go into court with the case on the court date.
Notice of a second or subsequent non-suit of a case requires a motion with notice to the defendant. The notice must include the date and location of any prior non-suits.
It is the responsibility of the party requesting the court action to send notice to the other party.
