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

Summary

This template stipulation of dismissal and proposed order may be used in a Minnesota civil matter to dismiss a case with prejudice upon settlement. It 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. Minn. R. Civ. P. 41.01(a). 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. Minn. R. Civ. P. 41.01. A voluntary dismissal by a claimant alone (without stipulation by the parties) is permissible if it is made before service of the first of: • A responsive pleading –or– • A motion for summary judgment, whichever occurs first Minn. R. Civ. P. 41.01(a). Voluntary dismissals by claimants alone are referred to as '"Notices of Dismissal" as opposed to '"Stipulations of Dismissal." Minn. R. Civ. P. 41.01(a). Minn. R. Civ. P. 41.03 provides that the provisions of Rule 41.01 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 more information about settlement, see Settlement: Negotiating and Drafting a Settlement Agreement (MN). For a related checklist, see Settlement: Drafting a Settlement Agreement Checklist (MN). For a template settlement agreement, see Settlement Agreement and Release (MN).