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The Civ 120 form is an essential document in the legal process, particularly for those navigating the complexities of personal injury, property damage, and family law cases within the California court system. As it facilitates the official entry of dismissal of a case, this form encompasses critical information that must be accurately filled out and submitted. Acknowledging the roles of various parties, it includes sections dedicated to attorneys or individuals representing themselves, ensuring that contact details such as telephone numbers, addresses, and email addresses are readily available. The form outlines important notices regarding the dismissal, alongside sections for proof of service that verify how parties were informed of the dismissal. Whether serving notice through traditional mail, personal delivery, or even electronically, the Civ 120 ensures all necessary protocols are followed. This streamlined format serves to not only promote organization within court proceedings but also to upholds transparency among all parties involved. In essence, completing the Civ 120 meticulously is key to safeguarding the rights and privacy of everyone engaged in the legal process.

Form Sample

CIV-120

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

:

TELEPHONE NO.:

FAX NO.:

 

E-MAIL ADDRESS:

 

 

ATTORNEY FOR (Name):

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE

Personal Injury, Property Damage, or Wrongful Death

Motor Vehicle Other

Family Law Eminent Domain

Other (specify):

FOR COURT USE ONLY

To keep other people from seeing what you entered on your form, please press the Clear This Form button at the end of the form when finished.

CASE NUMBER:

TO ATTORNEYS AND PARTIES WITHOUT ATTORNEYS: A dismissal was entered in this action by the clerk as shown on the Request for Dismissal. (Attach a copy completed by the clerk.)

Date:

(TYPE OR PRINT NAME OF

ATTORNEY

PARTY WITHOUT ATTORNEY)

(SIGNATURE)

PROOF OF SERVICE

1. I am over the age of 18 and not a party to this cause. My residence or business address is:

2.

I am a resident of or employed in the county where the mailing occurred. I served a copy of the Notice of Entry of Dismissal and Request for Dismissal by mailing them, in a sealed envelope with postage fully prepaid, as follows:

a. I deposited the envelope with the United States Postal Service.

b. I placed the envelope for collection and processing for mailing following this business's ordinary practice with

which I am readily familiar. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service.

c. Date of deposit:d. Place of deposit (city and state): e. Addressed as follows (name and address):

3 I served a copy of the Notice of Entry of Dismissal and Request for Dismissal by personally delivering copies as shown below:

a.Name of person served:

b.Address at which person served:

c. On (date):

d. At (time):

4. I served a copy of the Notice of Entry of Dismissal and Request for Dismissal by electronically serving copies as shown below (complete if electronic service is used based on a court order or agreement of the parties):

a.Name of person served:

b.Electronic service address of person served:

 

 

 

 

 

 

c. On (date):

 

 

d. At (time):

 

 

 

 

 

 

 

 

 

 

e. Electronic service address from which I served the documents:

 

 

 

 

5.

 

 

 

 

Proof of electronic service is attached.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Proof of service on additional parties is attached.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

 

 

 

Date:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(TYPE OR PRINT NAME)

 

 

 

 

(SIGNATURE OF DECLARANT)

Page 1 of 1

 

 

Judicial Council of California

NOTICE OF ENTRY OF DISMISSAL

 

 

Cal. Rules of Court, rule 3.1390

Form Adopted for Mandatory Use

 

 

 

 

 

 

Code of Civil Procedure, § 581 et seq.;

 

CIV-120 [Rev. January 1, 2012]

AND PROOF OF SERVICE

 

 

 

www.courts.ca.gov

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For your protection and privacy, please press the Clear This Form

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

button after you have printed the form.

 

 

 

Save This Form

 

Print This Form

 

Clear This Form

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Document Specifications

Fact Description
Purpose The CIV-120 form is used in California to provide a Notice of Entry of Dismissal and Proof of Service, which informs the court and other parties about the dismissal of a case.
Governing Law This form is governed by the California Code of Civil Procedure, specifically section 581 et seq., and is aligned with the California Rules of Court, rule 3.1390.
Required Information Parties filling out the form must provide essential information including the attorney's contact details, case number, and the method of service used to notify other parties.
Form Adoption California's Judicial Council adopted the CIV-120 form for mandatory use, reflecting its importance in standardizing the dismissal process across the state.

Steps to Filling Out Civ 120

Filling out the Civ 120 form may seem overwhelming at first, but following these steps will simplify the process for you. Ensure you have all the required information and documents before you start to make it easier.

  1. At the top of the form, fill in the name, State Bar number, and address of the attorney or party without an attorney.
  2. Write down the telephone number, fax number, and email address.
  3. Indicate the attorney's name for notice.
  4. Fill in the street address, mailing address, city, and zip code for the Superior Court.
  5. Specify the branch name of the court if necessary.
  6. Write the names of the plaintiff/petitioner and defendant/respondent.
  7. In the section for case number, enter the number assigned to your case.
  8. Fill in the date when the dismissal was entered.
  9. Type or print the name of the attorney or party without an attorney.
  10. Sign the form where indicated.
  11. For the proof of service section, provide your age and confirm you are not a party to the case.
  12. Write your residence or business address.
  13. Indicate that you are a resident of or employed in the county where mailing occurred.
  14. For mailing service, list the details of the envelope including that it was deposited with the U.S. Postal Service.
  15. If you delivered copies personally, write the name and address of the person served, the date, and time of service.
  16. If serving electronically, include the electronic service address and the details of the date and time of the service.
  17. Attach any proof of electronic service and any additional party service if applicable.
  18. Declare the accuracy of your statements by typing or printing your name and signing the form at the bottom.

Once you have filled out the form completely, remember to press the Clear This Form button to protect your privacy before printing. Make sure everything is accurate and saved before you finalize it.

More About Civ 120

1. What is the purpose of the CIV-120 form?

The CIV-120 form is used to notify the involved parties and the court about the entry of dismissal in a legal case. It provides proof of service and ensures that all parties are aware that the case has been dismissed, along with the details of how and when they were notified.

2. Who needs to complete the CIV-120 form?

Typically, the form must be completed by the attorney or party without an attorney who is involved in the case. If the case has been dismissed, it is essential for the person initiating the dismissal to file this form to finalize the process.

3. Where do I submit the completed CIV-120 form?

The completed CIV-120 form should be submitted to the Superior Court of California in the county where the action was filed. Make sure to keep copies of the form for your records as well.

4. What information do I need to provide on the form?

You will need to provide details such as your name, contact information, the name of the attorney (if applicable), case information, and the specifics of the dismissal. This includes the case number and the names of the plaintiff and defendant.

5. Is it necessary to attach a proof of service?

Yes, attaching proof of service is essential. The form includes sections to document how the notice was delivered to the involved parties, whether by mail, personal delivery, or electronically. A completed proof of service assures the court that proper notification has taken place.

6. Can I submit the CIV-120 form electronically?

Electronic submissions are allowed, as long as there is either a court order permitting it or an agreement from the parties involved. Ensure that the electronic service is documented appropriately on the form.

7. What happens if I forget to sign the CIV-120 form?

Signing the form is crucial. If you fail to sign it, the court may reject the filing or require you to resubmit it. Always double-check that all required signatures are in place before submission.

8. How do I confirm that my dismissal was entered?

You can confirm your dismissal by contacting the clerk’s office at the court where you filed your case. They can provide you with information regarding the status of your dismissal and any relevant court filings.

9. What should I do if my dismissal case was previously entered incorrectly?

If you find an error regarding how your dismissal was entered, you should address it with the court as soon as possible. This may involve filing a motion or another relevant form to correct the mistake.

10. Are there any fees associated with filing the CIV-120 form?

Usually, filing the CIV-120 form does not incur any additional fees if it follows a court dismissal. However, check with your local court for any specific policies or potential fees related to your case.

Common mistakes

  1. Missing Information: Providing incomplete details, such as omitting the case number or contact information, can lead to delays. Each section of the form should be filled out completely to ensure processing without issues.

  2. Improper Signature: Unsigned forms can be rejected. It is essential to sign and date the form in the designated areas to validate the document.

  3. Incorrect Recipient Address: Failing to accurately list the mailing address of the parties involved may result in improper service. Ensure the addresses are current and precise for all recipients.

  4. Not Attaching Required Documents: Omitting necessary attachments, like the clerk's completed Request for Dismissal, can cause the submission to be considered incomplete. Always double-check for required enclosures before submitting.

  5. Ignoring Service Requirements: Not adhering to the specific service methods prescribed can invalidate the document. Review whether delivery was via mail, personal service, or electronic service, and ensure this is clearly indicated on the form.

  6. Filing Outside the Deadline: Submitting the form beyond the specified time limits can lead to dismissal of the action. It is crucial to be aware of any deadlines related to the dismissal process.

Documents used along the form

The CIV-120 form, known as the Notice of Entry of Dismissal and Proof of Service, is often completed alongside various other legal documents related to dismissals and legal proceedings. Below is a list of forms that are commonly associated with the CIV-120 to facilitate the dismissal process and ensure proper communication among involved parties.

  • Request for Dismissal: This form is filed to formally request the dismissal of a case. It outlines the reasons for dismissal and must be completed by the party seeking to end the litigation.
  • Proof of Service (POS): This document evidences that court documents were properly served to all parties involved in a case. It includes details such as the method of service and recipients’ information.
  • Stipulation for Dismissal: This form is used when both parties agree to dismiss the case. It can expedite the dismissal process, providing a mutual agreement on the terms.
  • Notice of Appeal: If a party decides to appeal a court decision before the dismissal occurs, this notice must be filed to indicate the intention to seek judicial review.
  • Judgment: This form documents the final decision made by the court in a case. It may be referenced in the dismissal process if a judgment has already been rendered.
  • Settlement Agreement: When parties settle their disputes before court proceedings conclude, this agreement outlines the terms and is crucial for processing dismissals.
  • Case Management Statement: This document outlines the status of a case and the parties’ plans moving forward, which may affect a dismissal’s timing and execution.
  • Declaration of Service: This simple form can serve as proof that legal documents were delivered to other parties, ensuring compliance with service requirements.
  • Order of Dismissal: This court-issued document officially marks the conclusion of a case. It is necessary when a judge needs to formally acknowledge the dismissal.
  • Continuance Request: If additional time is needed before dismissal, this form is used to request an extension, allowing parties to prepare properly for concluding the case.

These forms and documents often work in conjunction with the CIV-120, providing a structured approach to managing the legal dismissal process. Understanding each document's function can aid parties in complying with legal requirements and ensuring a smooth resolution.

Similar forms

The CIV-120 form, which serves as a Notice of Entry of Dismissal and Proof of Service, has several counterparts in legal documentation that fulfill similar functions within the court system. One such document is the "Request for Dismissal." This form is crucial in formally notifying the court and involved parties about the plaintiff's decision to terminate their legal action. When a party wishes to withdraw their case, they file this request, and it often accompanies the CIV-120. Both documents reflect a key procedural step in the litigation process—ending a case before a final judgment is reached.

Another similar document is the "Complaint." This initiates a civil lawsuit and informs the court and the defendant of the nature of the claims being made. While the CIV-120 signifies the closure of a case, the complaint marks its opening. Both documents highlight the rights of the parties involved, portraying the legal narrative that unfolds. In essence, they serve as fundamental bookends to the litigation process: one initiates, and the other concludes.

The "Summons" is also comparable to the CIV-120. This document is issued by the court to inform the defendant that a lawsuit has been filed against them. It must be served alongside the complaint, establishing jurisdiction and compelling the defendant to respond. While the CIV-120 deals with the conclusion of proceedings, the summons is integral to the commencement of legal action, emphasizing the sequential nature of legal procedures.

Additionally, the "Notice of Motion" serves a similar administrative purpose. It alerts all parties that a specific request will be made to the court, often for a dismissal or other relief. The notice provides essential information regarding the timing and nature of the motion. Like the CIV-120, this document ensures transparency and communication among parties, reinforcing the procedural integrity of the litigation process.

The "Proof of Service" document stands out as an integral accompaniment to the CIV-120 as well. While the CIV-120 itself is a notice of dismissal, the proof of service verifies that relevant parties were properly notified of legal documents being filed or actions taken. This dual function of service documentation ensures that due process is maintained, enabling fair legal proceedings by confirming that all parties are adequately informed.

The "Settlement Agreement" shares functional similarities with the CIV-120, albeit at different stages. Once parties agree to resolve their dispute outside of court, they formalize this through a settlement agreement. If the case is dismissed following the settlement, the dismissal notice would be necessary to conclude all actions in court. Both documents emphasize resolution, whether by agreement or through official dismissal, thus fostering judicial efficiency.

Finally, the "Affidavit of Service" also aligns closely with the CIV-120. This document is often used to confirm that a party has successfully delivered legal documents to another party. While the proof of service in the CIV-120 verifies delivery of the dismissal notice itself, the affidavit certifies the service process for any lesser documents exchanged during the case. Both ensure that the court’s actions are upheld and that all parties involved have received necessary communications.

Dos and Don'ts

When filling out the Civ 120 form, follow these guidelines to ensure completeness and accuracy.

  • Do fill in all required fields completely, including names, addresses, and dates.
  • Don’t leave any sections blank; incomplete forms may be rejected.
  • Do review your information for accuracy before submission.
  • Don’t use abbreviations or shorthand that could lead to confusion.
  • Do provide a clear and legible signature where required.
  • Don’t forget to press the "Clear This Form" button after printing to protect your personal information.

Misconceptions

  • Misconception 1: The Civ 120 form is only for personal injury cases.

    The reality is that this form is applicable to various types of cases, including property damage, wrongful death, family law, and eminent domain matters.

  • Misconception 2: You can submit the Civ 120 form without any required attachments.

    In fact, a copy of the Request for Dismissal, completed by the clerk, must be attached to the form when submitting it.

  • Misconception 3: The form must be filed in person at the courthouse.

    While in-person filing is an option, the Civ 120 form can also be submitted electronically or by mail, depending on court rules.

  • Misconception 4: Proof of service is optional when filing the Civ 120 form.

    Proof of service is essential, as it demonstrates that all parties involved have received notice of the dismissal.

  • Misconception 5: You only need to provide one method of service on the Civ 120 form.

    Multiple methods of service can be used, such as mail, personal delivery, or electronic service, and each must be documented accordingly on the form.

  • Misconception 6: The information provided on the Civ 120 form is public and can be accessed by anyone.

    While the form is part of public record, certain steps can be taken to limit visibility, such as pressing the "Clear This Form" button after use to ensure sensitive information is not saved.

Key takeaways

Filling out and using the CIV-120 form correctly is crucial for legal proceedings. Below are key takeaways to ensure proper use:

  • Identify Parties Clearly: Include the names and details of both the plaintiff/petitioner and the defendant/respondent.
  • Complete Contact Information: Provide the full name, state bar number (if applicable), and address of the attorney or party representing themselves.
  • Check Case Information: Make sure to enter the correct case number associated with the dismissal.
  • Use the Right Sections: Understand when to use the Notice of Entry of Dismissal and the accompanying Proof of Service sections.
  • Detailed Service Method: Specify whether the documents were mailed, personally delivered, or sent electronically and include necessary details for each method.
  • Sign and Date: Both the notice and the proof of service require your signature and the date.
  • Attach Required Documentation: Attach any completed Request for Dismissal forms as required by the court.
  • Clear Personal Data: Always use the "Clear This Form" button after you're done to protect sensitive information.
  • Understand Filing Requirements: Be aware of local court rules regarding filing and service to ensure compliance.
  • Check for Updates: Regularly review the Judicial Council website for any changes in court rules or form versions.

Following these key points will facilitate an efficient process when using the CIV-120 form. Proper adherence to these guidelines can help prevent delays in legal proceedings.