2010 US Code
Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
TITLE 28 - APPENDIX
FEDERAL RULES OF APPELLATE PROCEDURE
Rule 42 - Voluntary Dismissal
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 4, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 28 - JUDICIARY AND JUDICIAL PROCEDURE TITLE 28 - APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII. GENERAL PROVISIONS Rule 42 - Voluntary Dismissal |
Contains | rule 42 |
Date | 2010 |
Laws in Effect as of Date | January 7, 2011 |
Positive Law | Yes |
Disposition | standard |
Source Credit | As amended Apr. 24, 1998, eff. Dec. 1, 1998. |
Rule 42. Voluntary Dismissal
(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. The circuit clerk may dismiss a docketed appeal if the parties file a signed dismissal agreement specifying how costs are to be paid and pay any fees that are due. But no mandate or other process may issue without a court order. An appeal may be dismissed on the appellant's motion on terms agreed to by the parties or fixed by the court.
(As amended Apr. 24, 1998, eff. Dec. 1, 1998.)
Notes of Advisory Committee on Rules—1967Subdivision (a). This subdivision is derived from FRCP 73(a) without change of substance.
Subdivision (b). The first sentence is a common provision in present circuit rules. The second sentence is added. Compare Supreme Court Rule 60.
Committee Notes on Rules—1998 AmendmentThe language of the rule is amended to make the rule more easily understood. In addition to changes made to improve the understanding, the Advisory Committee has changed language to make style and terminology consistent throughout the appellate rules. These changes are intended to be stylistic only.
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