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When a plaintiff files a motion to dismiss, court personnel must verify the plaintiff's identity. (c) Personal Interview. The judicial officer must personally interview the plaintiff and make sufficient inquiry of the plaintiff to determine that the plaintiff is not making the request under duress or coercion.
A counterclaim must be filed within 20 days of service of the summons, complaint, and Notice to Plaintiff and Defendant. The amount of the counterclaim cannot be more than $3,500. If the counterclaim exceeds $3,500, the court must transfer the case to the civil division of the justice court.
Voluntary and Involuntary Case Dismissals Most commonly, a defendant will file a motion to dismiss if they believe there is a lack of evidence, improper jurisdiction, a breach of the statute of limitations or if they believe the other party is not complying with a court order.
Rule 16.4 - Dismissal of Prosecution (a)On the State's Motion. On the State's motion and for good cause, the court may order a prosecution dismissed without prejudice if it finds that the dismissal is not to avoid Rule 8 time limits. (b)On a Defendant's Motion.
 
                     
                    