Can the Stipulation be e-signed?

Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA in adopting states, provided intent, consent, attribution, and record retention requirements are met. Always confirm the court's local e-filing and signature rules before submitting.

Is notarization required for filing?

Usually not. Stipulations of Dismissal commonly require signatures of parties or counsel, not notarization. If the stipulation includes affidavits, deeds, or other instruments requiring notarization, follow state notary rules or use Remote Online Notarization where permitted.

What happens if the court rejects the filing?

Respond promptly to clerk instructions, correct caption or formatting errors, and refile. If rejection stems from substantive terms, counsel may need to negotiate modified language or submit a proposed order for judicial approval.

Does dismissal affect the statute of limitations?

A dismissal with prejudice generally bars refiling and preserves statute outcomes; dismissal without prejudice may allow refiling within remaining limitations. Parties should document tolling agreements or releases to avoid disputes over limitation periods.

Can dismissed claims be revived?

Generally, claims dismissed with prejudice cannot be revived. Claims dismissed without prejudice may be refiled if within the statute of limitations. Courts can set aside dismissals in limited circumstances, such as fraud or excusable neglect.

How long until the clerk enters dismissal?

Timing varies by court: some clerks enter same day, others review proposed orders before entry, which can take days to weeks. Electronic filing and a proposed order typically speed entry; check local rule deadlines.

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Stipulation of Dismissal

Stipulation of Dismissal

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What a Stipulation of Dismissal Is

A Stipulation of Dismissal is a written agreement filed with a court that ends all or part of a pending lawsuit by mutual consent of the parties. It records the parties' stipulation to dismiss claims, may specify whether the dismissal is with or without prejudice, and can resolve issues such as costs or attorney fees. Courts typically enter dismissal orders based on the stipulation and close the case. Parties use this document to formalize settlement terms and to remove claims from the docket without trial.

Why Parties Use a Stipulation of Dismissal

This document provides a clear, court-recognized mechanism to end litigation when parties agree, preserving settlement terms and limiting further liability. A properly executed stipulation reduces costs, avoids trial delay, and creates a record for enforcement or future proceedings.

Who Prepares and Files This Document

Parties, counsel, and clerks commonly prepare or file stipulations to resolve litigation without trial.

Plaintiff Attorney: formalize agreed settlement terms and case closure.
Defense Counsel: prepare language, negotiate scope, and request clerk entry promptly.
Court Clerk: docket the stipulation and close or partially close the case.

Typical Signatories and Filing Parties

Plaintiff Attorney

Represents the plaintiff, drafts the stipulation language, confirms settlement terms with opposing counsel, and files the document with the clerk. The attorney ensures the dismissal type (with or without prejudice) reflects client intent and preserves any agreed remedies or fee allocations.

Court Clerk

Receives the filed stipulation, verifies signatures and formatting, and enters the dismissal order on the docket. Clerks apply local rules for entry, generate a judgment or order as appropriate, and notify parties when the case status changes to closed or partially closed.

Essential Information to Include

Case Caption: Full caption as on original complaint

Docket Number: Court docket or case number

Court Name: Full court name and division

Parties: Full legal names of all parties

Dismissal Type: State 'with prejudice' or 'without prejudice'

Signatures: Signed and dated by authorized counsel or parties

Common Pitfalls to Avoid

Failing to indicate whether dismissal is with or without prejudice, which can unintentionally extinguish or preserve claims and rights.
Using incorrect case caption or docket number leads clerks to reject the filing or misplace the stipulation in court records.
Omitting signature blocks for all required parties or counsel can void the stipulation or delay entry of dismissal by the court.
Failing to state allocation of costs, fees, or reserved claims leads to future disputes and potential motions to enforce settlement.

Key Elements a Professional Stipulation Should Contain

A professional Stipulation of Dismissal includes precise captioning, dismissal language, signature blocks, and any terms on costs or retained claims.

Caption

Include full case caption exactly as on the complaint, including court, division, case number, and party designations. Accurate captioning ensures the clerk applies the dismissal to the correct docket and avoids filing rejections.

Dismissal Language

State whether dismissal is with or without prejudice, and identify which claims or parties are dismissed. Use clear, unambiguous wording to reflect the parties' agreement and any preserved rights.

Signatures

Provide signature blocks for all parties or counsel authorized to dismiss claims. Include printed names, titles, firm names, and dates adjacent to each signature line.

Costs & Fees

Identify whether each party bears their own costs, whether one party will pay costs, or whether fees are reserved for later adjudication or agreement.

Partial Dismissal

If only certain claims or defendants are dismissed, describe them precisely and state whether remaining claims proceed to trial or are stayed, and include any schedule for resolving remaining issues or deadlines for amended pleadings.

Entry Order

Specify whether the stipulation requests the court to enter a dismissal order, and propose form language or a proposed order to facilitate clerk entry and certificate of service.

Step-by-Step: Preparing and Filing a Stipulation

Follow these steps to prepare, sign, and file a Stipulation of Dismissal correctly with the court.

01

Draft: Prepare draft language reflecting agreement terms.
02

Review: Have counsel confirm language and scope.
03

Sign: Collect signatures from all authorized parties.
04

File: File with clerk and provide proof of service.

Routing, Service, and Clerk Entry Overview

Routing and filing choices determine whether the stipulation is entered immediately or after court review.

Prepare Document: Include caption, dismissal language, and signature blocks.
Service: Serve opposing parties per local rules before filing.
Filing Method: File electronically or in person per court requirements.
Entry: Clerk enters dismissal or requests clarification.

Configuring an Online eSignature Workflow

Configure an online workflow to gather signatures, apply authentication, and auto-generate completed PDF for filing.

Field	Configuration
Signature Fields	Signature, printed name, date, initials
Authentication	Email link, SMS code, or stronger KBA
Attachments	Attach proposed order and proof of service
Output Format	Produce signed PDF/A and audit trail

eSignature and eFiling Platform Essentials

For e-signature and e-filing, use a platform that provides audit trails, tamper-evident PDFs, and export to court-acceptable formats.

File Formats: PDF/A or PDF accepted
Authentication: Email, SMS, or multi-factor
Audit Trail: Timestamp, IP, and action log

Pricing and Feature Snapshot for eSignature Vendors

Basic vendor comparison on pricing and core features relevant when e-signing a Stipulation of Dismissal.

	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	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes (Business Premium+)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Dates to Track When Filing a Stipulation

Key dates include the stipulation signing date, filing date, service completion, and any reserved deadlines for claims or appeals.

Signing Date:

Date parties execute the stipulation; starts appeal and enforcement timelines.

File Date:

Date the clerk receives the stipulation and docket entry occurs.

Service Deadline:

Confirm proof of service rules and timely service prior to filing.

Appeal Window:

Filing may trigger standard appeal periods; check local rules.

Reserved Deadlines:

Specify any deadlines for payments, releases, or surviving obligations.

Milestone Sequence from Agreement to Entry

Milestone timeline from agreement through court entry and post-entry obligations for a typical stipulation process.

01

Agreement Reached

Parties negotiate terms and sign the stipulation.

02

Service of Parties

Complete service per local rules to establish notice.

03

File with Clerk

Submit the stipulation and proposed order to the court.

04

Clerk Entry

Clerk enters dismissal or requests clarification; case status updates.

Two Real-World Examples

Real-world examples show how stipulations finalize settlements and remove claims from active dockets across practice areas.

Employment Settlement

In an employment dispute, parties agreed on severance and signed a stipulation dismissing claims in exchange for payment and a release of liability.

All claims dismissed with prejudice.
The clerk entered the dismissal the same day after reviewing the stipulated proposed order; the plaintiff received payment per the settlement and the release provisions prevented future claims based on the same facts.

Real Estate Dispute

In a quiet title case, parties resolved easement claims and filed a partial stipulation dismissing certain defendants while preserving remaining boundary disputes.

Dismissal limited to specified defendants only.
The stipulation included a proposed order and preservation clause for unresolved claims; the court entered partial dismissal and the case continued on a narrowed scope, reducing litigation costs and focusing discovery.

Consequences of an Incorrect or Defective Stipulation

Reopening Risk: Court may reopen if defects

Loss of Claims: Claims dismissed, may be barred

Costs Liability: Ordering payment of costs or fees

Sanctions Risk: Bad-faith filings trigger sanctions

Procedural Defect: Improper form can be rejected

Statute Tolling: Dismissal affects limitation periods

Frequently Asked Questions

Answers to common questions when preparing, signing, and filing a Stipulation of Dismissal, including e-sign issues, court acceptance, and post-entry effects.

Need help? Contact support

Can the Stipulation be e-signed?
Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA in adopting states, provided intent, consent, attribution, and record retention requirements are met. Always confirm the court's local e-filing and signature rules before submitting.
Is notarization required for filing?
Usually not. Stipulations of Dismissal commonly require signatures of parties or counsel, not notarization. If the stipulation includes affidavits, deeds, or other instruments requiring notarization, follow state notary rules or use Remote Online Notarization where permitted.
What happens if the court rejects the filing?
Respond promptly to clerk instructions, correct caption or formatting errors, and refile. If rejection stems from substantive terms, counsel may need to negotiate modified language or submit a proposed order for judicial approval.
Does dismissal affect the statute of limitations?
A dismissal with prejudice generally bars refiling and preserves statute outcomes; dismissal without prejudice may allow refiling within remaining limitations. Parties should document tolling agreements or releases to avoid disputes over limitation periods.
Can dismissed claims be revived?
Generally, claims dismissed with prejudice cannot be revived. Claims dismissed without prejudice may be refiled if within the statute of limitations. Courts can set aside dismissals in limited circumstances, such as fraud or excusable neglect.
How long until the clerk enters dismissal?
Timing varies by court: some clerks enter same day, others review proposed orders before entry, which can take days to weeks. Electronic filing and a proposed order typically speed entry; check local rule deadlines.

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Stipulation of Dismissal