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Understanding the CIV 120 form is essential for anyone engaged in a legal action that has reached the point of dismissal. This form is part of the proceedings in the Superior Court of California and serves multiple purposes, primarily as a Notice of Entry of Dismissal along with proof of service requirements. By filling out the form, parties formally document a dismissal in their case, which can arise from various circumstances, such as personal injury, property damage, or family law matters. The form includes critical information such as the names and contact details of the involved parties, the case number, and pertinent addresses related to the court and parties. Moreover, it outlines the process of service—how the notification of dismissal should be delivered—to ensure all relevant parties are informed appropriately. Emphasizing clarity and thoroughness, the CIV 120 also provides mechanisms to protect the privacy of the individuals involved in legal proceedings. Thus, mastering this form can significantly impact the management of your court proceedings.

Civ 120 Example

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form Characteristics

Fact Name Description
Form Purpose The CIV-120 form is used to notify the court and other parties about the entry of dismissal in a legal action.
Governing Law This form follows the California Code of Civil Procedure, Section 581 et seq., and California Rules of Court, rule 3.1390.
Used In The form is specific to the Superior Court of California, where various legal matters may be resolved.
Proof of Service A completed proof of service section is required to confirm that the Notice of Entry of Dismissal was properly delivered.
Signature Requirement The party or attorney completing the form must sign it, declaring the information is true under penalty of perjury.
Filing Date The date of the dismissal entry must be recorded on the form.
Clearing the Form Users are advised to press the Clear This Form button after printing it to maintain their privacy.

Guidelines on Utilizing Civ 120

Completing the CIV-120 form is a necessary step in the dismissal process. This form holds essential details and must be filled out accurately to ensure proper processing by the court. Below are the steps to guide you through filling it out correctly.

  1. Start with Contact Information: In the section labeled "ATTORNEY OR PARTY WITHOUT ATTORNEY," enter your name, State Bar number, and address. Be sure to include your telephone number, fax number, and email address, if applicable.
  2. Identify Representation: Specify who you are representing by filling in the "ATTORNEY FOR (Name)" section.
  3. Fill in Court Details: Complete the “SUPERIOR COURT OF CALIFORNIA, COUNTY OF” section with the appropriate county name. Then, fill out the street address, mailing address, city, and zip code.
  4. Name the Parties: In the “PLAINTIFF/PETITIONER” and “DEFENDANT/RESPONDENT” fields, provide the names of all relevant parties involved in the case.
  5. Insert the Case Number: Enter the case number where indicated.
  6. Add Dismissal Date: Include the date when the dismissal was entered by the clerk.
  7. Proof of Service Section: Complete the proof of service portion by indicating your age and confirming that you are not a party to the case. Provide your address for where you served the documents.
  8. Detail the Service Method: Fill in the lines for the method of service you used, such as mailing, personal delivery, or electronic service, along with the necessary details for each method.
  9. Sign and Date: Type or print your name and sign the document. Ensure that the date is clearly marked.

Once you have filled out the CIV-120 form, review it for accuracy. Ensure all relevant details are included, then print it for submission. After printing, protect your information by pressing the "Clear This Form" button to reset any sensitive entries before sharing it with the court.

What You Should Know About This Form

What is the purpose of the CIV-120 form?

The CIV-120 form is used to officially notify parties involved in a legal action that a dismissal has been entered. This can relate to various types of cases such as personal injury, property damage, or family law. By filling out this form, the party demonstrates that the case has been dismissed and provides proof that all involved parties have been informed of this decision.

Who needs to file the CIV-120 form?

What information is required to complete the CIV-120 form?

How is the CIV-120 form served to other parties?

Common mistakes

Filling out the CIV-120 form, which serves as a Notice of Entry of Dismissal and Proof of Service, can be straightforward, but many people make key mistakes that can delay processing. Understanding these errors is essential to ensure that your submission is accurate and complete.

One common mistake is failing to include essential contact information. The form explicitly requires you to provide your name, telephone number, and address. Omitting any of this information can lead to confusion and may result in delays as the court tries to contact you. Double-checking this section before submission can save time.

Another frequent error is not signing the form. A signature is not just a formality; it confirms that you are the individual submitting the document and believe the information provided is accurate. Without your signature, the form can be deemed incomplete, leading to potential complications in your case.

Inaccuracies in the case number also pose a problem. Many individuals misplace or incorrectly enter the case number. This can cause the court to misfile your documents or fail to associate them with the appropriate case. Always ensure that the case number is correct and matches what is on court documents.

People also often forget to attach the completed Request for Dismissal. This document provides the foundation for the Notice of Entry of Dismissal and verifies that a dismissal has indeed been entered. Without it, your form may not be processed as intended.

A fifth mistake is incorrectly filling out the Proof of Service section. This part outlines how you communicated the Notice of Entry of Dismissal to involved parties. Ensure that all details regarding the method of service, the name of the person served, and the dates are filled out accurately. Missteps in this section can lead to challenges regarding the validity of the service.

Finally, many overlook the importance of keeping a copy for personal records. After submission, it’s wise to have a copy on hand for reference later. This can be crucial in case any disputes arise about whether the form was properly submitted.

By being aware of these common mistakes when filling out the CIV-120 form, individuals can enhance their chances of a smooth and efficient filing process. Careful attention to detail is vital in legal matters, and it pays to take the time to do it right the first time.

Documents used along the form

When navigating the legal landscape, certain documents accompany the CIV-120 form, providing important context and supporting information related to the dismissal of a case. Understanding these documents can help clarify the process of filing and ensure compliance with legal requirements.

  • Request for Dismissal: This document formally requests the court to dismiss a case. It outlines the reasons for the dismissal and must be filed by the party seeking to end the legal proceedings. It serves as an important record before the court proceeds with the dismissal.
  • Proof of Service: This document verifies that all parties involved have been properly notified of the dismissal. It includes details such as how and when the notice was served, providing assurance that due process is being followed.
  • Notice of Entry of Dismissal: This notice confirms that the court has officially recorded the dismissal. It serves as an acknowledgment from the court that the case is no longer active, thus informing all parties of the new status.
  • Declaration of Mailing: This document provides evidence that the relevant notifications were mailed to the involved parties. It includes specifics about when and to whom the notifications were sent, reinforcing adherence to legal protocols for communication.

Together, these documents support the effective management of legal proceedings relating to the CIV-120 form, ensuring that all necessary steps are taken for a smooth and documented dismissal process. Familiarity with these forms can aid in a clearer understanding of one's rights and responsibilities in the legal system.

Similar forms

The Civ 120 form, known as the Notice of Entry of Dismissal and Proof of Service, serves specific functions in legal proceedings. It is designed to document the dismissal of a case and to ensure that all relevant parties are informed. Here’s a list of documents similar to the Civ 120 form, highlighting their roles and similarities:

  • Request for Dismissal: This document is typically filed to formally request the court to dismiss a case. It often accompanies the Civ 120 and provides the basis for the dismissal, detailing whether it was voluntary or mandatory.
  • Notice of Hearing: Like the Civ 120, this document is used to inform parties about important proceedings in a case. It notifies all involved about the date, time, and location of a hearing, ensuring everyone has an opportunity to participate.
  • Proof of Service: While the Civ 120 includes a section dedicated to proof of service, a standalone proof of service document specifically confirms that legal documents were properly delivered to the parties involved. This ensures compliance with the legal requirements for notifying parties.
  • Summons: A summons informs a defendant that a legal action has been taken against them. Similar to the Civ 120, it includes necessary details about the case and prompts a response, safeguarding the rights of the respondent.
  • Notice of Default: This document is used to notify a party that they have failed to respond or act within a designated timeframe. It echoes the Civ 120's purpose of ensuring that parties are informed of important developments in the litigation process.
  • Judgment Notice: A judgment notice conveys the court's decision regarding a case. Like the Civ 120, it serves to formally communicate important outcomes to all involved parties, thus maintaining transparency in the legal process.
  • Settlement Agreement: This document outlines the terms agreed upon by parties to resolve a dispute without going to trial. It parallels the Civ 120’s goal by providing clarity on case resolution, ensuring that all parties understand their obligations.
  • Certificate of Service: Similar to the proof of service section in the Civ 120, this certificate confirms that legal documents have been served to all necessary parties, helping uphold the integrity and communication required in legal proceedings.

Each of these documents serves a vital role in the legal process and ensures that parties are adequately informed of actions taking place in their case.

Dos and Don'ts

Filling out the CIV-120 form can feel overwhelming, but knowing the dos and don’ts can smooth the process. Here's a helpful list to guide you through.

  • Do read the entire form carefully before starting. Understanding what information is necessary will save you time and effort.
  • Don’t leave any fields blank unless explicitly stated. Make sure to fill in all required sections to avoid delays.
  • Do double-check all your entries for accuracy. Mistakes can lead to complications later on.
  • Don’t forget to attach any required documents, like the completed copy from the clerk. These attachments are vital for processing your request.
  • Do ensure that you have included your correct contact information. This will help the court reach you if necessary.
  • Don’t use any corrections fluid or tape. If you make a mistake, it’s best to start over with a fresh form.
  • Do remember to sign and date the form once you have completed it. An unsigned form will not be considered valid.
  • Don’t forget to click the Clear This Form button after printing or submitting your documents. This keeps your personal information private.

By following these guidelines, you can approach the completion of your CIV-120 form with confidence. Taking these simple steps will help ensure that your submission is accurate and complete, giving you peace of mind as you navigate the process.

Misconceptions

Here are six common misconceptions about the CIV-120 form, along with clarifications for each:

  • People think the CIV-120 form is only for attorneys. In reality, both attorneys and parties without attorneys can use this form. It's designed for anyone involved in a legal action who needs to formalize a dismissal.
  • Some believe that the form is only necessary after a court hearing. This is incorrect. The form can be submitted whenever a party wants to dismiss a case, regardless of whether a hearing has occurred.
  • Many assume that proof of service is not required if they file the form in person. This assumption is false. Proof of service must always be included, regardless of how the form is submitted.
  • People often think the CIV-120 is applicable to all types of cases. While it can be used for various case types, certain specific rules may apply based on the nature of the case, such as family law or personal injury.
  • Some individuals believe that submitting a CIV-120 dismisses the entire case without restrictions. This isn't true. A dismissal may have conditions or may not be final; understanding the implications is essential.
  • A popular misconception is that the form itself will automatically clear all legal proceedings. The form merely serves as a notification of dismissal. Follow-up actions may be necessary to ensure the case is officially closed.

Key takeaways

Understanding the CIV-120 form is essential for effective court communication. Below are six key takeaways regarding its completion and usage:

  • Accurate Information: Ensure that all personal and case-related information is filled in correctly. Inaccuracies could lead to delays or legal complications.
  • Proof of Service: Include proper proof of service when submitting this form. This can be through mailing, personal delivery, or electronic service, depending on your situation.
  • Attachments: Attach a copy of any Request for Dismissal that has been completed by the clerk to provide evidence of the dismissal.
  • Signature Requirement: Both the notice and proof of service sections require signatures. The signature affirms the accuracy of the statements made in the form.
  • Clear Form: After completing the form, use the "Clear This Form" button to protect your privacy by ensuring no sensitive information remains stored.
  • Filing Routine: Familiarize yourself with the filing routine of your local court to ensure that you submit the form correctly and within the required timelines.