Rule 41. Motion to Dismiss

(a) Request for Dismissal. A plaintiff may request the dismissal of a protective order at any time during the term of the order. (b) Verification of Identity. When a plaintiff files a motion to dismiss, court personnel must verify the plaintiff's identity. (c) Personal Interview. The judicial officer must personally interview the plaintiff and make sufficient inquiry of the plaintiff to determine that the plaintiff is not making the request under duress or coercion. (d) Request with Defendant Present. If the plaintiff and the defendant appear jointly on a motion to dismiss, the judicial officer may interview the plaintiff separately only if the defendant has been served but has not requested a hearing. (e) Request with Defendant Absent. If the plaintiff requests dismissal of an order and the defendant is not present, the judicial officer may act without notice to the defendant.