Rules of Appellate Procedure

Rules of Appellate Procedure Appellate Procedure Rule 29: Voluntary dismissal

Effective Date: 07/01/1979
Updates: Amended May 15, 1979, effective July 1, 1979

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(a) Dismissal in the lower court

If an appeal has not been docketed, the appeal may be dismissed by the lower court upon the filing in that court of a stipulation for dismissal signed by all the parties, or upon motion and notice by the appellant.

(b) Dismissal in the appellate court

If the parties to an appeal or other proceeding shall sign and file with the clerk of the appellate court an agreement that the proceeding be dismissed, specifying the terms as to payment of costs, and shall pay whatever fees are due, the clerk shall enter the case as dismissed, but no rescript or other process shall issue without an order of the appellate court. An appeal may be dismissed on motion of the appellant upon such terms as may be agreed upon by the parties or fixed by the court. The clerk of the appellate court shall promptly notify the clerk of the lower court whenever an appeal in a criminal case is dismissed pursuant to this rule.

(c) Settlement; obligation of appellant

In the event a case is settled or otherwise disposed of while an appeal is pending, it shall be the duty of counsel for the appellant to notify the clerk of the appellate court forthwith.

Reporter's notes

(1979) Rule 29 is changed only in that paragraph (b) of Rule 29, governing dismissal of an appeal in the appellate court, now provides for notification of the clerk of the lower court by the clerk of the appellate court whenever an appeal in a criminal case is dismissed in the appellate court

(1973) Appellate Rule 29, based on F.R.A.P. 42, is a housekeeping measure regulating voluntary dismissal of appeals and the settlement of cases. Appellate Rule 29(c) is designed to ensure that the court is kept informed of any out-of-court disposition.

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Updates: Amended May 15, 1979, effective July 1, 1979

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