Affidavit of Dismissal

AFFIDAVIT OF DISMISSAL

Court Name:   County of:   Case No.:

Plaintiff / Affiant:   Defendant / Respondent:

RECITALS

WHEREAS, Plaintiff initiated the above-captioned action by filing a complaint alleging claims against Defendant as set forth in the complaint and related pleadings; and

WHEREAS, the parties have negotiated and agreed upon terms under which Plaintiff is willing to dismiss the action, and Plaintiff is the proper party to request dismissal of the claims asserted in this action;

WHEREAS, the dismissal described herein is submitted subject to the representations, covenants, and stipulations contained in this Affidavit.

NOW THEREFORE

NOW THEREFORE, in consideration of the foregoing recitals and the terms set forth below, and under penalty of perjury, Plaintiff/Affiant certifies and affirms as follows:

1. STATEMENT OF DISMISSAL

Plaintiff hereby dismisses the following claims, causes of action, and any related cross-claims or counterclaims described below:

Dismissal Type (check applicable box; check only one):   With prejudice    Without prejudice

2. AUTHORITY AND BASIS

Affiant affirms that Affiant is the Plaintiff of record or is authorized to act on behalf of the Plaintiff, and that the statements contained in this Affidavit are based upon Affiant's personal knowledge, review of the court file, and the terms agreed by the parties. Affiant further states that, except as expressly set forth herein, there are no known unfiled stipulations or orders that would bar or limit the dismissal requested.

3. COSTS, ATTORNEYS' FEES, AND RELATED OBLIGATIONS

Unless otherwise agreed in writing, each party shall bear its own costs and attorneys' fees associated with the action through the date of this Affidavit. If parties have executed a separate agreement allocating costs or fees, the terms of that agreement control.

4. EFFECT OF DISMISSAL

Upon entry of dismissal by the court, the claims described herein shall be dismissed as specified above. Unless expressly provided otherwise, dismissal of the claims shall not affect any orders of the court pertaining to custody, support, liens, or other matters that the court has retained jurisdiction to decide.

5. NOTICES

Any notice required or permitted under this Affidavit shall be sent to the addresses set forth below by first-class mail or other agreed method; such notice shall be deemed delivered upon receipt.

6. REPRESENTATIONS; NO OTHER ACTIONS

Affiant represents that there are no other pending agreements, releases, or orders that would render the dismissal improper or incomplete, except as disclosed in writing below.

7. GOVERNING LAW

This Affidavit shall be governed by and construed in accordance with the laws of the State in which the court is located. Any disputes arising under or in connection with this Affidavit shall be submitted to the jurisdiction of that court.

8. ENTIRE AGREEMENT; SEVERABILITY; AMENDMENTS

This Affidavit contains the entire understanding of the parties with respect to the dismissal described herein. If any provision of this Affidavit is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Affidavit may be amended only by a written instrument signed by the party or parties to be charged.

9. CERTIFICATION UNDER PENALTY OF PERJURY

I, the undersigned Affiant, declare under penalty of perjury under the laws of the State in which this Affidavit is executed that the foregoing is true and correct to the best of my knowledge and belief.

NOTARY ACKNOWLEDGMENT

State of:   County of:

On this date: personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this Affidavit.

Notary Name:   Commission No.:   Expires:

Notary Signature:

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