How To ProcessOverviewUpdated: Wednesday, January 31, 2024Overview: A Motion for Voluntary Dismissal of Adversary is filed by the plaintiff to request dismissal of an adversary proceeding. With certain limited exceptions, a plaintiff may dismiss an adversary voluntarily without order of court by filing a Notice of dismissal at any time before service by the opposing party of an answer or of a motion for summary judgment or Stipulation of dismissal signed by all parties who have appeared in the adversary Forms/RulesRules/Code Sections: FRBP 7041 Filing RequirementsFiling Requirements: Document in basic captioned format Certificate of Service DocketDocket: Ensure Filing Requirements are met Select Adversary Select Motions Enter adversary proceeding number (xx-xxxx) Click Next Select the party filer Click Next If the party is not listed Use Add/Create New Party Click Next If you see the message: IMPORTANT: The following attorney/party association(s) will be created in this case. De-selecting a party association will result in the filing attorney NOT receiving Notices of Electronic Filing for that party. If this is a joint filing, review the list carefully to ensure that only parties represented by the filing attorney are selected. Remove the check mark from any party not represented by the filing attorney Click Next Select Voluntary Dismissal of Adversary, Motion for Click Next Answer the question: Does this motion include a completed notice of hearing? Browse to select the document to be filed (PDF) Click Next Refer to existing event(s), if applicable Insert hearing information, if applicable (if hearing not included, click Next) Click the clock icon to select Hearing Time Click the calendar icon to select Hearing Date Click the drop-down menu to select Location Click Next If referring to an existing event Select the category to which your event relates Click Next Select the appropriate event(s) to which your event relates Click Next Modify the docket text by using the drop-down and free text boxes to enter additional information, if necessary Click Next Verify docket text Click Next ‹ Motion for Default Judgment up Motion to Remand ›
