Stipulation of Dismissal
(Settlement) (Federal)


Summary

This template is a stipulation of dismissal with prejudice that may be used in a federal district court case. It includes practical guidance and drafting notes. Following the settlement of the action, you must file a stipulation of dismissal signed by all the parties to officially terminate the suit. Fed. R. Civ. P. 41(a)(1)(A)(ii). The stipulation of dismissal will not be effective unless it unequivocally indicates that parties have agreed to a dismissal. In multi-party litigation, the parties may stipulate to dismiss only some of the defendants. When the stipulation is made with prejudice, the voluntary dismissal has the same res judicata effect as a final adjudication on the merits favorable to the defendant. A plaintiff (or counterclaimant) may voluntarily dismiss its action without a court order before an answer or summary judgment motion has been served simply by filing a notice of dismissal. See Fed. R. Civ. P. 41(a)(1)(A). For a full listing of key content covering fundamental ...