How to drop one of defendant offof a civilcase?

I filed a civil complaint last month against a corparation and 2 persons. Now I found that one of the defendants was not responsible for this complaint and he is out of state. I would like to drop him off the case and avoid to serve him. What form do I use?

Asked on November 9, 2011 under Real Estate Law, Arizona


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. If you have discovered that a person that you named as a defendant to a legal action really should not be a defendant to your lawsuit, there are forms entitled "request for dismissal" that you can find online in your state.

The forms have boxes to be checked and names filled in regarding the dismissal of an entire action or a particular person. You fill in the form, serve it on all parties after you have signed it and file it with the court. Once filed, the defendant that you named is no longer a party to the action. Good luck.

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