I was not given notice of the hearing date. There was a document filed with the court by the plaintiff by one of his friends who signed the document with the date and time her served me, but I never saw him or received anything. I learned of the hearing when I received the Judgement in the mail 3 weeks after the date they said I was served.
We are currently negotiating an agreement and it will be completed prior to the court date.
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Should I bring documents proving my side of the case to court in the event the judge will not agree to dismiss the judgement or will there be no possibility of the judge denying the dismissal as long as the plaintiff requests it?
Do we need to have the settlement agreement for the judge to view at that time?
Does the plaintiff need to have a Request for Dismissal Form CIV-110 or will the judge dismiss with plaintiff's request only?
The judge might want to see a written settlement agreement so he can enter it in the court record as part of the case. Some do, some are happy just to mark the case settled and dismissed. But once again, it is better to have it with you just in case. You can't be too prepared.
If he was filing it in advance, he would need to file the form, but if he is making the motion orally, the judge will either note it on the case file or will complete one right then in court and put it in the case file.
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