Can I include a request for dismissal in the wherefore section of my answer to a civil complaint?
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Can I include a request for dismissal in the wherefore section of my answer to a civil complaint?
Asked on August 1, 2015 under Accident Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The Wherefore section of the answer is not for requesting a dismissal. You would write what you want from the case such as"Wherefore, Defendant prays that Plaintiff take nothing by his/her complaint and that Defendant be awarded the cost of suit."
The Request for Dismissal is a separate court form. As the Defendant in the case, you cannot initiate a request for dismissal. The request for dismissal would come from the Plaintiff when the case is settled and both parties (Plaintiff and Defendant) sign the request for dismissal.
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