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

Summary

This stipulation of dismissal and proposed order template may be used in an Ohio civil case to dismiss a case with prejudice upon settlement. It includes practical guidance, drafting notes, alternate clauses, and optional clauses. Following the settlement of an action, you must file a stipulation of dismissal signed by all the parties in order to officially terminate the lawsuit. Ohio Civ. R. 41(A)(1)(b). Failure to have all the parties sign the stipulation of dismissal will leave the matter unsettled. See West-Diehm v. Adm'r, Bureau of Workers' Comp., 2008-Ohio-104 (5th Dist. Richland County 2008). The stipulation of dismissal will not be effective unless 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 made with prejudice, as it is in this template, the voluntary dismissal has the same res judicata effect as a final adjudication on the merits favorable to the defendant. See Persaud v. St. John Med. Ctr., 2017-Ohio-7178 (8th Dist. Cuyahoga County 2017). Under Ohio Civ. R. 41, a claim can also be dismissed without prejudice. Ohio Civ. R. 41(A). For a variety of reasons, attorneys and their clients will often unilaterally dismiss a complaint with plans to refile it later. A plaintiff, without order of court, may dismiss all claims asserted by that plaintiff against a defendant by filing a notice of dismissal at any time before the commencement of trial unless a counterclaim which cannot remain pending for independent adjudication by the court has been served by that defendant. Ohio Civ. R. 41(A)(1)(a). For more information about settlement, see Settlement Fundamentals and Tactics (OH). For a related checklist, see Settlement: Drafting a Settlement Agreement Checklist (OH). For a template, see Settlement Agreement and Release (OH).