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Fed. R. App. P. 42

Voluntary Dismissal

activein force · 2024-12-01 – presentact-effective-date

(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 agreement 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 dismissed 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 requirements governing court approval of a settlement, payment, or

other consideration.

(d) Criminal Cases. A court may, by local rule, impose requirements to confirm that a defendant has consented to the dismissal

of an appeal in a criminal case.

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

1, 2022.)

Provenance

Source
uscourts.gov
Retrieved
2026-08-19
Edition
2026-08-19
Content hash
02e2b1b81ce2a1a5fbc9e3208a6d8627603fd15e3f62f078d18208c71f465794
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Fed. R. App. P. 42 — Voluntary Dismissal · binding.law