The notice of dismissal is a statewide form published by the Oregon Judicial Department; the printed title is Notice of Voluntary Dismissal. A petitioner uses it to dismiss a circuit court case alone, or both parties use it to dismiss the case together by signing. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original PDF and the Forms Center are published by the Oregon Judicial Department at courts.oregon.gov.
Last updated
What is Notice of Dismissal – Oregon?
The Notice of Dismissal, printed on the form as Notice of Voluntary Dismissal, is a two-page Oregon circuit court form used to dismiss a case, either by the Petitioner alone or by the Petitioner and Respondent together, with the case caption naming the county and the case number.
The form is divided by who is dismissing. In the BY PETITIONER section, the Petitioner states that this is the first dismissal filed in any case of this type against the Respondent in any state, that the notice will be filed with the court and served on the Respondent and on all adult children 18, 19, or 20 years old at least 5 days before trial or final hearing, and that no Response including a counterclaim has been served. In the BY BOTH PARTIES (stipulated) section, both sides agree to the dismissal by signing.
The caption also lists unmarried children 18, 19, or 20 years old (per ORS 107.108), by full name. A checkbox records whether a fee deferral was granted in the case, if known. Everything is made under a declaration that the statements are true, for use as evidence in court and subject to penalty for perjury.
The Oregon Judicial Department's Forms Center lists this among statewide forms, which any circuit court accepts. Page 2 holds the other party's signature block for a stipulated dismissal and a Certificate of Mailing for a dismissal that is not stipulated.
Who needs to file Notice of Dismissal – Oregon?
The Petitioner in an Oregon circuit court case uses this form to dismiss the case alone, if the statements in the BY PETITIONER section are true: it is the first dismissal the Petitioner has filed in any case of this type against the Respondent in any state, and the Petitioner has not been served with a Response that includes a counterclaim.
Both the Petitioner and the Respondent use it when they agree to dismiss the case. In that case both sign, and the Respondent signs in the Other Party block.
Adult children are covered too. Any unmarried child 18, 19, or 20 years old (per ORS 107.108) who has not signed a Waiver of Further Appearance and Consent to Entry of Judgment must also sign a stipulated dismissal. In a dismissal by the Petitioner alone, the notice must be served on those children as well as on the Respondent.
The form is not the right choice if you cannot truthfully make the Petitioner statements. Court staff cannot give legal advice, including which form to choose, so questions about your situation go to a lawyer or the court's Self-Help Center.
When to file Notice of Dismissal – Oregon
When the Petitioner dismisses alone, the notice must be filed with the court and served on the Respondent and all adult children 18, 19, or 20 years old at least 5 days before trial or final hearing. That is the only timing the form prints.
For a stipulated dismissal, the form sets no separate deadline: both parties sign to show their agreement, and any adult children who have not signed a Waiver of Further Appearance and Consent to Entry of Judgment sign as well.
Because the Petitioner's statement says no Response with a counterclaim has been served, the form is meant for use before that happens.
Documents you need
- A true and complete copy of the Notice and General Judgment, mailed to the Respondent and to any adult children, when the dismissal is not stipulated; the Certificate of Mailing on page 2 records the mailing.
- A signed Waiver of Further Appearance and Consent to Entry of Judgment from each adult child 18, 19, or 20 years old, if that child is not signing the stipulated dismissal on the form itself.
How to fill out Notice of Dismissal – Oregon
Complete the case caption
Enter the county in FOR THE COUNTY OF, the Case No, and the names of the Petitioner and Respondent. List the full names of unmarried children 18, 19, or 20 years old (per ORS 107.108) where the form asks.
Complete the Petitioner section
If the Petitioner is dismissing alone, mark I am dismissing this case and the statements that apply: first dismissal against Respondent in any state, filing and service at least 5 days before trial or final hearing, and no Response with a counterclaim served.
Complete the stipulated section
If both parties agree, mark Petitioner and Respondent agree to dismiss this case as shown by our signatures below. Adult children 18, 19, or 20 who have not signed a Waiver of Further Appearance and Consent to Entry of Judgment must also sign.
Mark the fee deferral box
Check A fee deferral was granted in this case only if a fee deferral was granted and you know it.
Fill in the submitter block
Mark whether the form is Submitted by the Petitioner or the Respondent. Enter the date, your printed name, contact address, city, state, ZIP code and contact phone.
Sign the declaration
Sign under the statement that the information is true and complete to the best of your knowledge and belief, made for use as evidence in court and subject to penalty for perjury.
Add the other party's details
For a stipulated dismissal, the other party enters the date, signature, printed name, contact address, city, state, ZIP code and contact phone under Other Party.
Complete the Certificate of Mailing
Only if the dismissal is not stipulated, enter the mailing date, the Respondent's address and the name and address of the adult children, then date, sign and print the name of the person who mailed the copy.
Review and download the PDF
Check the caption, the sections you marked and every signature. Download or print the completed PDF from FillingPDF, then file and serve it as described under How to submit.
How to submit Notice of Dismissal – Oregon
The form is filed with the Oregon circuit court for the county named at the top of the form, and a copy goes to the other people the form lists. The form itself names no address, portal or other channel, so ask the court clerk's office how filings are accepted. The Oregon Judicial Department's Forms Center says that statewide forms are accepted in all circuit courts and that local courts may have additional forms.
- Filing: file the signed notice with the court under your case number.
- Service by the Petitioner alone: serve the notice on the Respondent and on all adult children 18, 19, or 20 years old at least 5 days before trial or final hearing. Page 2's Certificate of Mailing records that a true and complete copy of the Notice and General Judgment was mailed to the Respondent and to the adult children, with the date and addresses.
- Stipulated dismissal: both parties sign, and the Certificate of Mailing is completed only if the dismissal is not stipulated.
The Forms Center also mentions interactive forms (iForms) for some filings, which can be filed electronically. FillingPDF lets you fill out and download the PDF; submission follows the court's channels above.
Common mistakes to avoid
- Checking the first-dismissal statement when the Petitioner has already filed a dismissal in a case of this type against the same Respondent in any state.
- Using the Petitioner section after being served with a Response that includes a counterclaim.
- Filing and serving the notice less than 5 days before trial or final hearing when the Petitioner is dismissing alone.
- Leaving out the adult children 18, 19, or 20 years old from the caption or from service when they apply to the case.
- Omitting the signature of an adult child who has not signed a Waiver of Further Appearance and Consent to Entry of Judgment, in a stipulated dismissal.
- Skipping the Other Party signature block on a stipulated dismissal, or completing the Certificate of Mailing when the dismissal is stipulated.
- Leaving the Certificate of Mailing blank for a non-stipulated dismissal, with no mailing date or no address for the Respondent or the adult children.
- Signing the declaration without checking whether Petitioner or Respondent is the person who submitted the form.
Frequently asked questions
What is a notice of dismissal in Oregon circuit court?
It is a statewide form from the Oregon Judicial Department, printed as Notice of Voluntary Dismissal, that dismisses a circuit court case. The Petitioner can file it alone, subject to the conditions on the form, or both parties can sign to dismiss the case together.
When can the Petitioner dismiss alone with this form?
When it is the Petitioner's first dismissal of a case of this type against the Respondent in any state, and no Response including a counterclaim has been served. The notice must also be filed and served at least 5 days before trial or final hearing.
How far before trial must the notice of dismissal be served?
At least 5 days before trial or final hearing. For a dismissal by the Petitioner, the form says the notice is filed with the court and served on the Respondent and all adult children 18, 19, or 20 years old within that window.
Do adult children have to sign the notice of dismissal?
In a stipulated dismissal, any adult children age 18, 19, or 20 who have not signed a Waiver of Further Appearance and Consent to Entry of Judgment must also sign. In a Petitioner-only dismissal they are served instead.
What is the Certificate of Mailing on the form for?
It records that a true and complete copy of the Notice and General Judgment was placed in the U.S. mail to the Respondent and to the adult children, with the date and addresses. The form says to complete it if the dismissal is not stipulated.
Can I fill out the Oregon notice of dismissal online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the form with the court; you file it through the court's channels, and the Forms Center mentions iForms for some filings.
What does the fee deferral box mean?
The form has a box for "A fee deferral was granted in this case (if known)." Check it only if a fee deferral was granted and you know it. For the court's fee questions, contact the circuit court clerk.
Is this form accepted in every Oregon county?
Yes. The Oregon Judicial Department says any form on its Forms Center is accepted in all circuit courts. Local courts may also have additional forms, so check with your county's court if you need a local version.
Ready to fill out Notice of Dismissal – Oregon?
Fill out Notice of Dismissal – Oregon now