A party that requests dismissal of an action must serve on all parties and file notice of entry of the dismissal.
Rule 3.1390.Service and filing of notice of entry of dismissal
Division 13. Dismissal of Actions · Last amended 2007 · Last verified July 29, 2026
In one sentenceRule 3.1390 requires a party that requests dismissal of an action to serve notice of entry of the dismissal on every party and file that notice with the court.
Full Text of Rule 3.1390
Plain-English Summary
Filing a request for dismissal ends a case, but the other parties still need formal confirmation of exactly when and how it happened — that confirmation is the notice of entry of dismissal. Rule 3.1390 places that job on the party who requested the dismissal in the first place: once the dismissal is entered, that party must serve notice of it on everyone else in the case and file the notice with the court.
The requirement is short but it closes a loop that matters. Deadlines tied to a dismissal — for appeal, for a motion to set the dismissal aside, for calculating costs — often run from the date notice of entry is served, not from the date the dismissal itself was entered. Without a served and filed notice, the other parties may have no reliable way to know that clock has started.
Frequently Asked Questions
Who has to serve notice of entry of dismissal in a California case?
The party that requested the dismissal. Rule 3.1390 requires that party to serve notice on all parties and file it with the court.
Why does notice of entry of dismissal matter if the case is already over?
Because deadlines tied to the dismissal, such as time to appeal or to move to set it aside, often run from when notice of entry is served rather than from the dismissal date itself.
Does Rule 3.1390 apply to a partial dismissal of some claims?
The rule’s text addresses dismissal of an action generally; it works alongside the other Division 12 and 13 rules that govern settlement notice and conditional dismissals, such as Rule 3.1385.
Amendment History
Rule 3.1390 amended and renumbered effective January 1, 2007; adopted as rule 383 effective January 1, 1984.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
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