Stipulation of Dismissal and Proposed Order
(Settlement) (MD)

Summary

This stipulation of dismissal and proposed order template may be used in a Maryland civil matter to dismiss a case with prejudice upon settlement. This template includes practical guidance, drafting notes, and alternate and optional clauses. Following the settlement of an action, you must file a stipulation of dismissal signed by all parties to officially terminate the lawsuit. Md. Rule 2-506(a)(2). The stipulation of dismissal will be effective only if it indicates unequivocally that the parties have agreed to a dismissal. In multi-party litigation, the parties may stipulate to dismiss only some of the defendants. When a stipulation is with prejudice, as it is in this template, the voluntary dismissal has the same res judicata effect as a final adjudication on the merits. Md. Rule 2-506(d). The provisions of Md. Rule 2-506(a) apply to the dismissal of any counterclaim, crossclaim, or third-party claim. Accordingly, all parties must sign a stipulation of dismissal of the counterclaim (or crossclaim or third-party claim) and it must be filed with the court. For a related template, see Settlement Agreement and Release (MD). For more on settlement, see Settlement: Negotiating and Drafting a Settlement Agreement (MD) and Settlement: Drafting a Settlement Agreement Checklist (MD)..