Q: Can I ask for dismissal without prejudice before court actions?
I am preparing to file a failure of consideration case pro se. Before any court actions are taken, would it be possible to request the court to dismiss the case without prejudice so that I can refile it using a different legal approach if needed?
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A:
Yes, in New Mexico, you can request to dismiss your case without prejudice even before the court has taken any major action, as long as the defendant hasn’t filed a response or motion. A dismissal without prejudice means your case is officially closed but you still have the option to refile it later using a different legal argument or with stronger documentation. This can be a smart move if you feel unsure about your current approach and want time to rethink your strategy.
To do this, you can file a “Notice of Voluntary Dismissal Without Prejudice” with the court. Since you’re filing pro se, keep it simple—just state that you are the plaintiff, you wish to dismiss the case without prejudice, and that no further action has been taken yet. Make sure to include your case number if you already have one, and file it with the same court where your case was opened.
Once dismissed, you'll want to track the statute of limitations on your claim to make sure you don’t run out of time to refile. Taking this step early can give you some breathing room to regroup and build a stronger case. It’s okay to pause and re-evaluate—sometimes that’s the best way to move forward with more clarity.
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