How to File a Motion to Dismiss Pro Se

By Jessica McFall
You may represent yourself in court.

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Pro se is a Latin term used in the legal community to refer to a person who chooses to represent themselves in court. A pro se motion to dismiss would be filed with the court by an individual representing himself in court. The motion would ask the court to dismiss a court case on a lack of merit or jurisdiction. An example would be a case filed by a plaintiff who was not the person actually harmed or if the incident happened in a location not covered by the court's jurisdiction.

Go to the courthouse where the claim was filed or go to the courthouse website and download the notice to dismiss form. Complete the form and make copies. Attach the supporting documentation such as information showing the location of the incident.

Mail a copy of the notice to dismiss form to the other party using certified mail. Keep a copy of the receipt to show the court. File the documents with the clerk's office. The clerk will provide a stamped and entered copy of the motion for your records.

Check your mail for a returned signed order from the judge. In most jurisdictions it takes between seven to 30 days for the judge to issue a ruling on your motion. If your motion is denied, be prepared to answer the complaint and possibly appear in court for a hearing or trial.

About the Author

Jessica McFall began writing professionally in 2011. She has authored legal briefs as a paralegal, specializing in insurance law and related litigation. McFall earned a Bachelor of Arts in political science from Cleveland State University.

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