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Dismissal of Case with and without Order of Court

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STIPULATION FOR VOLUNTARY DISMISSAL OF CASE

IN THE CIRCUIT COURT OF , MISSISSIPPI

PLAINTIFF\COUNTER-DEFENDANT

VS.

DEFNEDANT/COUNTER-DEFENDANT

CASE NO.

The parties by their counsel having announced to the Court that the parties agree to a voluntary dismissal of the within filed action and counter-claim, and it appearing to the Court that the parties have resolved their dispute in an amicable manner the Court finds that this case should be dismissed with prejudice.

IT IS THEREFORE ORDERED AND ADJUDGED, that this case be and is hereby dismissed with prejudice.

SO ORDERED AND ADJUDGED, this the day of , 20

CIRCUIT COURT JUDGE

Agree to and proved as to Form:

Attorney for Defendant

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What the Dismissal of Case with and without Order of Court Is

A Dismissal of Case with and without Order of Court is the formal document that ends a pending civil action either by the parties' notice (without a judge's order) or by the court issuing an order that dismisses the case. Under the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss under Rule 41(a)(1) by filing a notice before the opposing party serves an answer or a summary judgment motion; after that point Rule 41(a)(2) requires a court order. State courts follow similar procedural divisions between notice-based dismissals and court-ordered dismissals, with local rules governing form and filing.

Why a Proper Dismissal Document Matters

A correctly drafted dismissal preserves procedural rights, prevents unintended waivers, clarifies whether dismissal is with or without prejudice, reduces administrative costs, and creates a clear record for any future filings or appeals.

Why a Proper Dismissal Document Matters

Who Prepares and Receives Dismissal Documents

Lead parties and court personnel typically prepare, sign, and process dismissals depending on whether a notice suffices or a judge must issue an order.

  • Plaintiff or Plaintiff's counsel — Files a notice of dismissal under FRCP 41(a)(1) or moves for dismissal under FRCP 41(a)(2) where a court order is required.
  • Defendant or Defense counsel — May stipulate to dismissal, object, or request conditions; receiving party must be served per local rules.
  • Court clerk / Judge — Enters an order when dismissal requires judicial approval and records the case termination on the docket.

Ensure each recipient—court clerk, opposing counsel, and parties—receives the correct version and proof of service to avoid procedural defects.

Core Elements to Include in a Professional Dismissal

A complete dismissal form lists the case identity, the dismissal type, citation to controlling procedural rule, which parties are covered, the effect (with or without prejudice), and the required signatures and dates.

Case Caption

Include the court name, full case caption, and party designations exactly as they appear on the complaint; accuracy here prevents misfiling and ensures the docket is properly updated.

Docket Number

State the court docket or case number prominently; the clerk uses this to close the file and to link the dismissal to the correct record and any fee accounting.

Parties Covered

List all plaintiffs and defendants the dismissal affects, specifying whether dismissal applies to the entire case, particular claims, or specific parties to avoid ambiguity about remaining claims.

Grounds

Provide a brief basis for dismissal (voluntary notice, settlement, lack of jurisdiction, motion granted) and cite the governing rule or statute, for example FRCP 41(a)(1) or 41(a)(2).

Prejudice Specified

State whether the dismissal is with prejudice (barred from refiling) or without prejudice (right to refile preserved), and note any conditions imposed by parties or the court.

Signatures & Dates

Include signature blocks for counsel or unrepresented parties, printed names, bar numbers where applicable, and the date of signature to establish the effective filing moment.

Required Filing Information at a Glance

Case Title: Exact caption
Docket Number: Court-assigned number
Court Name: Jurisdiction and division
Party Names: Full legal names
Signature Block: Counsel or party signature
Filing Date: MM/DD/YYYY format

Quick Step-by-Step: Completing the Dismissal Form

Follow these core steps to prepare, execute, and file a dismissal correctly.

  • 01
    Prepare Notice: Populate caption, docket number, and clear dismissal language.
  • 02
    Specify Type: State 'with prejudice' or 'without prejudice' and cite FRCP where applicable.
  • 03
    Sign and Date: Have counsel or party sign with printed name and bar number if applicable.
  • 04
    Serve and File: Serve opposing counsel and file with the clerk following local e-filing rules.

How to Configure an Online Dismissal Workflow

When using an electronic platform, set fields, signer order, and authentication to match court and local rules before sending for signature.

Upload Document Use a PDF of the dismissal template as the base file.
Assign Roles Designate plaintiff counsel, defendant counsel, and court as recipient roles where required.
Authentication Choose email or SMS code; use stronger ID methods if court/local rule requires.
Court Fields Add fields for judge signature, docket stamps, or clerk notes when an order is required.
Service Copy Configure automatic copies to opposing counsel and the court's filing inbox.

Where to File and Who to Send Copies To

Understand the filing destination and service obligations before submitting to ensure the dismissal is effective and the record is accurate.

  • E‑file Portal: Submit via the court's electronic filing system when available and permitted.
  • Clerk's Office: Paper filings go to the clerk for docketing and entry of the dismissal order.
  • Opposing Counsel: Serve opposing counsel with the notice and retain proof of service.
  • Judge's Chambers: When an order is requested, submit proposed order to chambers per local practice.

Digital Filing and Signing: Platform Considerations

Confirm the e-filing system and court local rules accept electronic signatures, PDFs, or require original signatures before submitting.

  • File Format: PDF/A preferred for court archives.
  • eSignature Type: Verify allowed signature method per local rule.
  • Audit Trail: Retain time stamps and IP evidence.

Timing Rules and Critical Deadlines

Timing determines whether a unilateral notice suffices or the court must act; follow the rule that applies to your stage of litigation.

Before Answer:

Voluntary dismissal by notice allowed under FRCP 41(a)(1).

After Answer:

A dismissal normally requires a court order under FRCP 41(a)(2).

Settlement Window:

Parties often file dismissal immediately after settlement terms are signed.

Refiling Period:

If without prejudice, statute of limitations governs refiling rights.

Local Filing Hours:

Observe court clerk hours and e‑file cutoff times for same-day docketing.

Common Mistakes to Avoid When Preparing a Dismissal

  • Omitting the docket number or using an incorrect caption, which can delay docketing and misidentify the case on the court calendar.
  • Failing to specify whether the dismissal is with or without prejudice, leaving parties uncertain about refiling rights and potential appeals.
  • Not serving opposing counsel or failing to file proof of service, which can render the dismissal procedurally defective and subject to challenge.
  • Submitting a notice when a court order is required under local rules or after an answer has been filed, risking rejection by the clerk.

Consequences of an Incorrect or Improper Dismissal

Dismissal With Prejudice: Loss of right to refile
Costs and Fees: Court may tax costs against a party
Sanctions Risk: Improper filings can trigger sanctions
Default or Counterclaim: Incomplete service can leave other claims unresolved
Record Uncertainty: Ambiguous language can create appeal issues
Document Retention: Failure to retain proof of service

Typical eSignature Provider Comparison for Court‑Ready Filings

Platform choice affects authentication, audit trails, and cost; signNow appears first in this comparison for clarity when evaluating court‑compatible eSignature vendors.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no credit card Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes

Frequently Asked Questions and Troubleshooting

Answers to common procedural and technical questions about dismissals, service, and when a court order is required.


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