Can an agreed dismissal be signed electronically?

Yes. Electronic signatures are legally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in most states, provided the parties demonstrate intent, consent, attribution, and retention. Confirm the court accepts e-filed signed documents.

Is notarization required for the dismissal itself?

Usually no for standard dismissal stipulations, but specific settlement instruments or releases tied to dismissal may require notarization. Check local rules and any contract terms that attach to the dismissal.

What does 'with prejudice' versus 'without prejudice' mean?

'With prejudice' bars refiling the same claim; 'without prejudice' preserves the right to refile. Choose the appropriate term based on settlement intent and document language to avoid unintended waiver.

Who must sign the dismissal?

All parties or their authorized representatives should sign. Corporate parties should include a representative's printed name and title to confirm authority to bind the organization.

How do I correct a dismissal entry error?

Prepare and file an amended stipulation or a motion to correct the record per local rules. Contact the clerk promptly to learn preferred procedures for correcting docket entries.

Can a dismissal be revoked after filing?

Revocation depends on the dismissal terms and court approval; a dismissal with prejudice is typically final. Seek counsel and, if necessary, file a motion to set aside the dismissal under applicable rules.

Electronic Signature
Templates
Legal
Legal Agreed Dismissal Form

Legal Agreed Dismissal Form

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

LEGAL AGREED DISMISSAL FORM

This Agreed Dismissal is entered into on this day of , by and between Plaintiff: (hereinafter "Plaintiff") and Defendant: (hereinafter "Defendant"), in the civil action styled as follows: Court: — Case Number: .

RECITALS

WHEREAS, Plaintiff commenced the Action against Defendant asserting certain claims arising from the facts alleged in the pleadings; and

WHEREAS, the Parties have agreed to resolve and dispose of the Action on the terms set forth in this Agreed Dismissal, and desire to reduce their agreement to writing; and

WHEREAS, the Parties intend that the dismissal contemplated by this instrument be entered with the Court in accordance with the terms specified below.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

1. STIPULATED DISMISSAL

The Parties jointly stipulate and request that the Court dismiss the Action as follows: all claims asserted by Plaintiff against Defendant are dismissed with prejudice without prejudice . The Parties request that the Court enter judgment or an order of dismissal in accordance with this stipulation and with the Court's customary form of dismissal.

2. MUTUAL RELEASE

Subject to any express reservation below, Plaintiff and Defendant each hereby RELEASE, ACQUIT, AND FOREVER DISCHARGE the other and their respective past and present officers, directors, employees, agents, insurers and attorneys from any and all claims, demands, causes of action, liabilities, and damages of any nature whatsoever, whether known or unknown, arising out of or related to the Action, provided that this release shall not apply to obligations expressly reserved by written agreement in this instrument.

3. NO ADMISSION

The Parties acknowledge and agree that neither the negotiation of, nor the performance under, this Agreed Dismissal shall be construed as an admission of liability or wrongdoing by any party. The Parties expressly deny any liability and agree that this Agreement shall not be used as evidence of any admission except to enforce the terms hereof.

4. CONSIDERATION; ALLOCATION OF COSTS AND FEES

As consideration for this dismissal and mutual release, the Parties acknowledge the following payment or other consideration, if any:

Settlement Amount (if applicable)

Unless otherwise stated herein, each Party shall bear its own attorneys' fees, costs and expenses incurred in connection with the Action and the negotiation and execution of this Agreement.

5. CONFIDENTIALITY

The Parties agree do not agree that the existence and terms of this Agreement shall be treated as confidential, except as required by court order or to the extent disclosure is required by law. If confidentiality is selected, the Parties agree that any permitted disclosure shall be narrowly tailored to the extent required.

Confidentiality Details (if applicable)

6. RETENTION OF JURISDICTION

The Parties agree that the Court shall retain jurisdiction to enforce the terms of this Agreed Dismissal and the underlying settlement, including but not limited to entry of any necessary orders to effectuate the dismissal, for a period necessary to enforce obligations arising under this Agreement.

7. NOTICES

All notices, demands or communications required or permitted under this Agreement shall be in writing and delivered to the addresses provided below by personal delivery, recognized overnight courier, or certified mail (return receipt requested).

Notice to Plaintiff Notice to Defendant

8. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to choice-of-law rules that would apply the laws of another jurisdiction.

9. ENTIRE AGREEMENT; AMENDMENT; SEVERABILITY; COUNTERPARTS; WAIVER

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings. This Agreement may be amended only by a written instrument signed by both Parties. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement may be executed in counterparts, each of which shall be deemed an original but together shall constitute one and the same instrument. The failure of any Party to enforce any provision of this Agreement shall not constitute a waiver of that provision or of the right to enforce it in the future.

10. REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants that it has the full right, power, legal capacity and authority to enter into and perform this Agreement; that the signatory executing this Agreement on its behalf is duly authorized to do so; and that no other person or entity's consent is required to effectuate this Agreement.

Plaintiff

Printed Name:

By:

Date:

Defendant

Printed Name:

By:

Date:

What the Legal Agreed Dismissal Form Is

A Legal Agreed Dismissal Form is a written stipulation filed with a court that records the parties' mutual agreement to dismiss a pending civil action, either with or without prejudice. It typically identifies the case, the parties, the agreed terms for dismissal, and whether costs or attorney fees are reserved. The form creates a record for the court and triggers case-closing procedures under local rules; some courts require additional supporting paperwork or approval before the dismissal is entered on the docket.

Why an Agreed Dismissal Matters

An agreed dismissal finalizes litigation promptly, reduces ongoing litigation costs, and protects the parties by documenting settlement terms. It clarifies whether claims may be refiled (with or without prejudice) and provides the court a clear instruction to close the case and update the public docket.

Who Typically Prepares and Files This Form

Parties and their counsel usually prepare the agreed dismissal; court clerks then process and enter it on the docket.

Litigants and parties: Jointly agree to dismissal terms and sign the stipulation before filing.
Attorneys and legal representatives: Draft precise language, confirm reservation of rights, and handle filing per local rules.
Court clerks and administrators: Review format, apply local filing requirements, and enter the dismissal in case management systems.

Ensure the document conforms to the court's local rules and includes required signatures to avoid processing delays.

Representative Signatories

Lead Counsel

A licensed attorney representing a party who signs to confirm the party's agreement to the dismissal and to certify service and authority to bind the client.

Pro Se Party

An individual representing themselves who must sign and include current contact information; courts may require additional verification or counsel appearance in complex matters.

Key Fields Every Agreed Dismissal Should Include

Case Caption: Plaintiff v. Defendant names

Case Number: Court docket number

Party Signatures: Full printed name and signature

Dismissal Terms: With or without prejudice

Costs Allocation: Who pays court costs

Date Filed: MM/DD/YYYY filing date

Common Pitfalls to Avoid

Missing docket number causing clerk rejection and processing delays
Unclear language about prejudice status leaving refilement rights ambiguous
Absent or improper signatures undermining enforceability or acceptance
Failure to follow local court formatting and filing procedures

Consequences of Errors or Omitted Information

Case Reopened: Clerk rejects filing; case remains active

Costs Assessed: Court may allocate costs differently

Waived Rights: Ambiguous terms can unintentionally waive claims

Enforcement Issues: Settlement terms hard to enforce

Delay in Closure: Administrative backlog prolongs resolution

Record Errors: Public docket contains incorrect info

Step-by-Step: How to Complete the Form

Follow these sequential steps to prepare an enforceable agreed dismissal that a court will accept and enter.

01

Identify Case: Enter full case caption and docket number accurately
02

State Terms: Specify dismissal with or without prejudice and costs allocation
03

Signatures: Obtain signatures from all parties or counsel
04

File: Submit per local rules and serve opposing parties

Typical Filing and Processing Flow

A clear workflow reduces rejections; this sequence shows who does what and when during filing.

Draft: Parties/counsel draft settlement language and dismissal form
Execute: All parties sign and date the document
File with Court: Submit the signed form following local electronic or paper rules
Clerk Entry: Court clerk reviews and enters dismissal on the docket

Essential Clauses and Formatting to Include

A professional agreed dismissal contains several standardized clauses and clear formatting that support enforceability and judicial acceptance.

Parties Identified

Full legal names for all parties, including aliases or trade names where relevant, to avoid ambiguity about who is bound.

Dismissal Language

A clear statement that the action is dismissed either with prejudice (claims barred) or without prejudice (claims may be refiled) to define future rights.

Costs and Fees

Explicit allocation of court costs and attorney fees, or a statement that each party bears its own costs, prevents later disputes.

Reservation of Claims

If certain claims survive or are excluded from dismissal, list them specifically to preserve enforcement rights.

Signatory Authority

A clause confirming signatories have authority to bind parties and, if relevant, corporate capacity details for organizational parties.

Filing Instruction

Short direction to the clerk to enter the dismissal and close the case, which helps avoid clerk confusion and docketing errors.

Configuring an Online Workflow for the Form

Set up a digital workflow to collect signatures, attach exhibits, and file electronically where permitted.

Field	Configuration
Signatures	Signature and date fields for each party
Initials	Optional initials field for page acknowledgement
Attachments	Support settlement exhibits as required
Routing	Sequential or parallel signing order

Digital Signing and Submission Requirements

Determine platform capabilities and local court acceptance before e-filing signed dismissals.

Document Formats: PDF or PDF/A preferred for court compatibility
Authentication: Email, SMS, or stronger signer verification as required
Audit Trail: Timestamp, IP, and signature metadata retained

Use a platform that supports required formats, audit trails, and any additional authentication needed for court or opposing counsel acceptance.

Timing Considerations and Typical Deadlines

Deadlines depend on local rules and any settlement conditions; confirm court-specific timelines before filing.

Local Rule Compliance:

File per local rules and judge's standing orders

Settlement Instrument Dates:

Effective date governs obligations and any rights to refile

Court Processing Time:

Clerk entry time varies by court workload

Service Requirements:

Serve opposing parties as required before or after filing

Conditional Deadlines:

Meet deadlines tied to settlement conditions or escrow terms

Key Milestones From Settlement to Case Closure

Track these numbered milestones to ensure timely completion and avoid administrative setbacks.

01

Settlement Execution

Parties sign settlement agreement and dismissal documents

02

Document Assembly

Combine stipulation, exhibits, and proof of service as needed

03

Filing with Court

Submit per court e-filing or paper procedures

04

Docket Entry

Clerk enters dismissal and closes the case when accepted

Real-World Examples of Agreed Dismissals

These short scenarios show typical use cases and operational outcomes when a dismissal is handled correctly.

Small Business Dispute

Two companies settled an invoice dispute out of court, executed a dismissal stipulation

Parties reserved breach claims for specific contract provisions
The clerk entered the dismissal and the case closed without further court action, saving litigation costs and time for both parties.

Employment Claim

An employee and employer settled a wage claim and agreed to dismissal without prejudice pending settlement payment

Employer provided a schedule for payment and proof of compliance
After payment and filing proof of service, the court entered dismissal and the record reflected agreed terms.

Practical Tips for Smooth Preparation and Filing

Adopt these practices to reduce clerk rejections and preserve settlement intent.

Confirm Local Rules Before Filing

Check the court's local rules for required form templates, signature blocks, and e-filing procedures to avoid procedural rejections.

Use Clear, Unambiguous Language

State dismissal type (with/without prejudice) and costs allocation plainly, and reference any reserved claims explicitly to prevent later disputes.

Preserve Executed Originals

Keep signed originals and high-quality scanned copies with an audit trail to support enforcement and future reference.

Coordinate Service and Filing

Ensure proof of service is completed in the required format and submitted in the timeframe mandated by local rules.

eSignature Pricing Comparison for Agreed Dismissal Workflows

Comparing core plan metrics and compliance features can help determine which eSignature provider meets court, security, and budget needs without implying endorsement.

	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	Yes, 7-day trial	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently Asked Questions About Agreed Dismissals

Answers to common questions that arise when preparing, signing, and filing a joint dismissal with the court.

Need help? Contact support

Can an agreed dismissal be signed electronically?
Yes. Electronic signatures are legally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in most states, provided the parties demonstrate intent, consent, attribution, and retention. Confirm the court accepts e-filed signed documents.
Is notarization required for the dismissal itself?
Usually no for standard dismissal stipulations, but specific settlement instruments or releases tied to dismissal may require notarization. Check local rules and any contract terms that attach to the dismissal.
What does 'with prejudice' versus 'without prejudice' mean?
'With prejudice' bars refiling the same claim; 'without prejudice' preserves the right to refile. Choose the appropriate term based on settlement intent and document language to avoid unintended waiver.
Who must sign the dismissal?
All parties or their authorized representatives should sign. Corporate parties should include a representative's printed name and title to confirm authority to bind the organization.
How do I correct a dismissal entry error?
Prepare and file an amended stipulation or a motion to correct the record per local rules. Contact the clerk promptly to learn preferred procedures for correcting docket entries.
Can a dismissal be revoked after filing?
Revocation depends on the dismissal terms and court approval; a dismissal with prejudice is typically final. Seek counsel and, if necessary, file a motion to set aside the dismissal under applicable rules.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now