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(Your name) (Your street address) (City, State, ZIP) (Telephone number) IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH : : : : : : : : : : : :, Petitioner, vs. MOTION.
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Respectfully FAQ
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Rule 26(d). If a party fails to disclose or to supplement timely its discovery responses, that party cannot use the undisclosed witness, document, or material at any hearing or trial, absent proof that non-disclosure was harmless or justified by good cause.
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One option is to ask the judge to dismiss the case, known as a “Request for Dismissal”. This term is essentially asking the court to end your case without further consideration. Both parties to a civil case can file a Request for Dismissal, but the reasons for doing so will vary greatly.
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3d 1146 (“A rule 12(b)(6) motion to dismiss admits the facts alleged in the complaint but challenges the plaintiff's right to relief based on those facts.”).
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A case can be dismissed at the request of a defendant or respondent if they file a motion to dismiss and the judge grants the motion.
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If a plaintiff who previously dismissed an action in any court files an action based on or including the same claim against the same defendant, the court may order the plaintiff to pay all or part of the costs of the previous action and may stay the proceedings until the plaintiff has complied.
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§ 205 (a claim may be re-filed within six months, unless it is voluntarily dismissed by the plaintiff, for failure to prosecute, for lack of personal jurisdiction over the defendant, or is a claim that is dismissed on the merits).
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If a plaintiff who previously dismissed an action in any court files an action based on or including the same claim against the same defendant, the court may order the plaintiff to pay all or part of the costs of the previous action and may stay the proceedings until the plaintiff has complied.
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This rule applies to the dismissal of any counterclaim, cross-claim, or third-party claim. A claimant's voluntary dismissal under paragraph (a)(1) must be made before a responsive pleading is served or, if there is no responsive pleading, before evidence is introduced at a trial or hearing.
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