Rule 42 — Voluntary Dismissal

Fed. R. App. P. 42

• Source: Federal Rules of Appellate Procedure
• Rule: 42
• TITLE VII: GENERAL PROVISIONS
• Citation: Fed. R. App. P. 42

Text

(a) Dismissal in the District Court. Before an appeal has been
docketed by the circuit clerk, the district court may dismiss the
appeal on the filing of a stipulation signed by all parties or on the
appellant’s motion with notice to all parties.
(b) Dismissal in the Court of Appeals.
(1) Stipulated Dismissal. The circuit clerk must dismiss a
docketed appeal if the parties file a signed dismissal agree-
ment specifying how costs are to be paid and pay any court
fees that are due.
(2) Appellant’s Motion to Dismiss. An appeal may be dis-
missed on the appellant’s motion on terms agreed to by the
parties or fixed by the court.
(3) Other Relief. A court order is required for any relief
under Rule 42(b)(1) or (2) beyond the dismissal of an appeal—
including approving a settlement, vacating an action of the
district court or an administrative agency, or remanding the
case to either of them.
(c) Court Approval. This Rule 42 does not alter the legal require-
ments governing court approval of a settlement, payment, or
other consideration.
(d) Criminal Cases. A court may, by local rule, impose require-
ments to confirm that a defendant has consented to the dismissal
of an appeal in a criminal case.

Advisory Committee Notes

(As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 11, 2022, eff. Dec. 1, 2022.)