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 6 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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