Sample motion for dismissal under Rule 41 in United States District Court.

Sample motion for dismissal under Rule 41 in United States District Court

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Sample motion for dismissal under Rule 41 in United States District Court.

This sample motion for dismissal under Rule 41(a)(2) of the Federal Rules of Civil Procedure is used to request a Court order dismissing the case on the grounds that the Defendant or Defendants will not suffer any legal prejudice if the motion is granted and the case is dismissed. 

The sample has been revised and updated in 2019 and includes,

  • Brief instructions,
  • Memorandum of points and authorities with citations to case law and statutory authority,
  • Sample declaration, and
  • Proof of service.

The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

Note that the author is NOT an attorney and no guarantee or warranty is provided.