We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
What is a Stipulated Dismissal? A Comprehensive Legal Overview
Definition & Meaning
A stipulated dismissal is a formal agreement between a plaintiff and a defendant to dismiss a legal action without prejudice. This means that the plaintiff can refile the case in the future if they choose. The dismissal is executed through a stipulation, which both parties must sign and file with the court. Once filed, the court issues an order of dismissal, finalizing the agreement. Unless specified otherwise in the stipulation, the dismissal does not affect the merits of the case, leaving the issues unresolved.
Table of content
Legal Use & context
Stipulated dismissals are commonly used in civil litigation, allowing parties to resolve disputes amicably without a trial. This process is particularly useful in situations where parties wish to avoid the costs and time associated with continuing litigation. Users can manage stipulated dismissals using legal forms available through resources like US Legal Forms, which provide templates drafted by attorneys for various legal situations.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(Hypothetical example) A plaintiff files a lawsuit against a defendant for breach of contract. After negotiations, both parties agree to a stipulated dismissal, allowing the plaintiff to dismiss the case without prejudice. They sign a stipulation and file it with the court, which issues an order of dismissal. The plaintiff retains the right to refile the case in the future if necessary.
Relevant laws & statutes
In Arizona, the relevant statute is Arizona Rule of Civil Procedure 41, which outlines the procedures for voluntary dismissals, including stipulated dismissals. It states that a dismissal is without prejudice unless specified otherwise and that the court must approve the stipulation.
State-by-state differences
State
Key Differences
Arizona
Dismissals are typically without prejudice unless stated otherwise.
California
Similar rules apply, but additional local rules may affect the process.
New York
Allows stipulated dismissals but may have different filing requirements.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Voluntary Dismissal
A dismissal initiated by the plaintiff without the need for a stipulation.
Involuntary Dismissal
A dismissal ordered by the court, often due to failure to prosecute or comply with rules.
Consent Judgment
A judgment entered by the court based on the agreement of the parties, which may resolve issues.
Common misunderstandings
What to do if this term applies to you
If you find yourself needing a stipulated dismissal, consider the following steps:
Discuss the terms of the dismissal with the opposing party.
Draft a stipulation that outlines the agreement and includes necessary signatures.
File the stipulation with the court and ensure an order of dismissal is issued.
For assistance, explore US Legal Forms for ready-to-use templates or consult a legal professional if the situation is complex.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.