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ScubaGirl

Voluntary Dismissal

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As a plaintiff for a civil suit in Wyoming, I want to motion the court for voluntarily dismiss a case without prejudice, that I filed pursuant to rule 41 (a) of the civil procedure. I do not have the time or resources to devote to pursuing it any further, and I do not wish to have to return to the state or to see or deal with the defendant. Is it necessary to state the reasons why I am seeking voluntary dismissal? If so, can anyone provide any guidance on wording for my aforementioned reasons? Thank you. 

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Was the case filed in state court in Wyoming or in federal court?

Has anything happened in the case since the complaint was filed -- that is, has the defendant filed an answer or motion, has the defendant filed a counterclaim, has discovery commenced, etc.?

 

With the answers to those 2 questions, a poster to this message board might be able to give you some guidance.

 

 

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It was filed in Circuit Court. The defendant filed a motion for dismissal based on a claim of insufficient evidence.  However, when I talked to the clerk of courts, I was told that as the plaintiff, at any time I could filed for voluntary dismissal. No other actions have been taken by either party. 

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When you say 'Circuit Court' I think you are referring to a state court in Wyoming. I am not familiar with Wyoming procedure.

 

I looked online and found some sites that list the Wyoming Rules of Civil Procedure.

 

Rule 41 of the Wyoming Civil Procedure Rules does appear to cover dismissals of actions.  The rule describes some circumstances in which you can file a notice of dismissal and have the resulting dismissal be without prejudice.  I can't tell from your brief description above whether all of the conditions for filing a notice of dismissal apply to your matter. 

 

If you are not eligible to file a notice of dismissal and you still wanted your case dismissed, then you would have to get a stipulation of dismissal from the defendant or file a motion with the court requesting dismissal of your case.

 

If this were a federal court case, a notice of dismissal under Federal Rule 41 doesn't need to state reasons. 

I don't know whether Wyoming interprets that aspect of Wyoming Rule 41 similarly. 

 

But I would expect that if instead you pursued a stipulation of dismissal, or if you had to file a motion with the court, then in those two situations you probably would have to supply reasons.

 

You should confirm with a Wyoming lawyer before filing anything with the court.

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