Notice of Voluntary Dismissal – Massachusetts Courts

This form, identified as Notice of Voluntary Dismissal – HC – Civil – HC0004 (06/2023), is used within the Massachusetts Trial Court system to voluntarily dismiss a civil action under the provisions of Mass. R. Civ. P. 41(a)(1)(i). The Notice of Voluntary Dismissal form facilitates the discontinuation of a legal action by the plaintiff, as well as the dismissal of any complaints and/or counterclaims involved in the case. It is essential to formally notify the court and all involved parties of the voluntary dismissal of a legal case, ensuring all procedural requirements are met.

This guide will help you accurately complete the Notice of Voluntary Dismissal form, which is used to inform the Massachusetts Trial Court of your intention to voluntarily dismiss a civil action under the provisions of Mass. R. Civ. P. 41(a)(1)(i).

Step-by-Step Instructions

1. Title and Introduction

• Title: Ensure the form title reads “Notice of Voluntary Dismissal.”
• Form ID: Confirm the form ID is HC – Civil – HC0004 (06/2023).

2. Plaintiff’s Information

• Signature of Plaintiff or their Attorney: The plaintiff or their attorney must sign here to confirm the dismissal.
• Print or Type Plaintiff Name: Enter the full name of the plaintiff.
• Plaintiff’s Telephone Number: Provide the plaintiff’s contact number.
• Plaintiff’s Email Address: Provide the plaintiff’s email address for correspondence.
• Date: Enter the date when the form is being completed.
• Attorney’s B.B.O. Number (if applicable): If the plaintiff has an attorney, enter the attorney’s B.B.O. number.

3. Defendant’s Agreement (if applicable)

• Signature of Defendant or their Attorney: The defendant or their attorney must sign here if they agree to dismiss all counterclaims arising out of this tenancy.
• Print or Type Defendant Name: Enter the full name of the defendant.
• Defendant’s Telephone Number: Provide the defendant’s contact number.
• Defendant’s Email Address: Provide the defendant’s email address for correspondence.
• Attorney’s B.B.O. Number (if applicable): If the defendant has an attorney, enter the attorney’s B.B.O. number.
• Date: Enter the date when the form is being completed.

4. Certification

• Certification Statement: Ensure you read and understand the statement swearing that all provided information is true to the best of your knowledge and belief.

5. Dismissal Type

• With Prejudice: Check this box if you do not intend to re-file the same claims in a new case.
• Without Prejudice: Check this box if you reserve the right to re-file the same claims in a new case.

6. Case Information

• Case Name: Enter the names of the parties exactly as they appear on the original complaint.
• Docket Number: Provide the unique docket number assigned to your case.
• Housing Court Division: Enter the specific division of the housing court handling your case.

7. Attorney Information (if applicable)

• Print or Type Attorney Name: Enter the full name of the attorney representing the plaintiff.
• Attorney Address: Provide the attorney’s office address.
• Attorney Telephone Number: Provide the attorney’s contact number.
• Attorney Email Address: Provide the attorney’s email address.

8. Additional Information

• Text Fields: Fill in any additional text fields as required by the specific details of your case.
• Dropdowns: Select appropriate options from dropdown menus if present.
• Check Boxes: Ensure all applicable check boxes are marked correctly.

General Tips

• Accuracy: Double-check all information for accuracy before submitting the form.
• Legibility: Print or type all information clearly to avoid any misunderstandings.
• Consultation: If you have any questions or are unsure about how to fill out certain sections, consult with your attorney or contact the court for guidance.

By following these instructions, you can ensure that your Notice of Voluntary Dismissal form is completed correctly and submitted in compliance with court requirements.