The stipulation of dismissal, Form 4-304, is a New Mexico court form, listed among the Supreme Court approved forms of the New Mexico Judicial Branch, on which the parties to a lawsuit state together that their action is dismissed. It has a court caption, one sentence saying the dismissal is with or without prejudice, and a signature line for each side. You can fill out the form online on FillingPDF and download or print the completed PDF; the official PDF is published by the New Mexico Courts at nmcourts.gov.
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What is 4-304?
Form 4-304, Stipulation of dismissal, is a New Mexico court form on which the parties to a lawsuit jointly state that the action is dismissed, and say whether the dismissal is with prejudice or without prejudice.
The form is a single short page issued as one of the Supreme Court approved forms that the New Mexico Judicial Branch publishes in its forms library. Its parts are:
- A caption: State of New Mexico, the county, the name of the court, the case number, and the names of the plaintiff and the defendant.
- The title, STIPULATION OF DISMISSAL.
- One sentence: "The parties hereby stipulate that this action be dismissed (with) (without) prejudice." The words "with" and "without" are both printed in parentheses, so the parties pick one.
- Two signature lines: one for the plaintiff or the attorney for the plaintiff, one for the defendant or the attorney for the defendant.
The form states no reason for the dismissal and prints no line for a date or for a judge's signature. Under the form number it prints the bracketed references 2-305 and 3-305, and at the bottom it carries the note "As amended, effective November 1, 2000."
Who needs to file 4-304?
The form is for the parties to a New Mexico court case who agree that the action should be dismissed. It is written as a joint statement ("The parties hereby stipulate"), so it reflects an agreement between the plaintiff's side and the defendant's side rather than a request by one party alone.
Who signs, according to the printed signature lines:
- Plaintiff or Attorney for Plaintiff: the plaintiff signs, or the plaintiff's attorney signs for the plaintiff.
- Defendant or Attorney for Defendant: the defendant signs, or the defendant's attorney signs for the defendant.
Each side therefore has its own line, and the form allows either the party or its attorney to sign on that line. The form does not describe other representatives or any other signer. The caption must identify the court and the case in which the action is pending, so you need the county, the court name and the case number before you begin.
How to fill out 4-304
Enter the county and court
In the caption, write the name of the county after COUNTY OF and the name of the court in the line that reads IN THE ____ COURT.
Enter the case number
Write the case number on the line after No. in the caption, exactly as it appears on the case you are dismissing.
Enter the plaintiff and defendant
Write the plaintiff's name above the word Plaintiff and the defendant's name above the word Defendant, after the "v." line.
Choose with or without prejudice
In the sentence "The parties hereby stipulate that this action be dismissed (with) (without) prejudice," make clear which of the two words applies. The form prints both, and the parties agree on one.
Sign for the plaintiff
The plaintiff or the attorney for the plaintiff signs on the first signature line, labeled Plaintiff or Attorney for Plaintiff.
Sign for the defendant
The defendant or the attorney for the defendant signs on the second signature line, labeled Defendant or Attorney for Defendant.
Review and download the completed PDF
Check the caption, the prejudice choice and both signature lines, then download or print the completed PDF from FillingPDF.
Common mistakes to avoid
- Leaving the prejudice choice unresolved: the form prints both (with) and (without) in the sentence, and the parties must show which one applies.
- Submitting the form with only one signature; the form has a separate line for the plaintiff's side and one for the defendant's side.
- Signing on the wrong line, for example a defendant or the defendant's attorney signing on the Plaintiff or Attorney for Plaintiff line.
- Leaving the county, court name or case number blank in the caption, so the form does not identify the case.
- Leaving out the names of the plaintiff or the defendant in the caption.
- Expecting the form to carry a reason for the dismissal or a date line; neither is printed on it.
Frequently asked questions
What is a stipulation of dismissal in New Mexico?
A stipulation of dismissal is a joint statement by the parties that the action is dismissed. New Mexico's Form 4-304 prints a caption and one sentence saying the dismissal is with or without prejudice, followed by a signature line for each side.
Who signs Form 4-304?
Each side signs on its own line: the plaintiff or the attorney for the plaintiff, and the defendant or the attorney for the defendant. The form is written as a statement by both parties, so it has a line for each.
Can I fill out the stipulation of dismissal online?
Yes. You can fill out Form 4-304 online on FillingPDF and download or print the completed PDF. FillingPDF is an independent service and does not file the form with any court; the form itself names no filing channel.
Does Form 4-304 say whether the dismissal is with or without prejudice?
The form leaves that choice to the parties. Its sentence reads "this action be dismissed (with) (without) prejudice," printing both words in parentheses, so you show which one the parties agreed on.
What information do I need before I complete Form 4-304?
You need the county, the name of the court, the case number, and the names of the plaintiff and the defendant. Those fill the caption; the rest of the form is the dismissal sentence and the two signature lines.
Which revision of Form 4-304 is this?
The printed form carries the note "As amended, effective November 1, 2000." The New Mexico Courts publish it at nmcourts.gov among the Supreme Court approved forms.
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