Can I use an electronic signature?

Yes. Electronic signatures are legally effective under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted; ensure the court and opposing parties accept e-signatures and that any consumer disclosures required by ESIGN are provided.

Does the court accept an e-signed stipulation?

Many courts accept e-signed filings when local e‑filing rules permit it; federal voluntary dismissals are governed by Fed. R. Civ. P. 41(a)(1)(A)(ii). Confirm the local court’s CM/ECF or clerk guidance before filing.

Who must sign the stipulation?

All parties whose claims or defenses are being discontinued must sign, or counsel with express authority must sign on their behalf. Obtain dated signatures and identify the signer’s capacity to avoid disputes over authority.

Is notarization or witness required?

Not usually required for a stipulation itself, but some jurisdictions or local rules may request notarization for related releases; remote online notarization (RON) availability varies by state and notary rules.

How do I correct a filed stipulation?

If the clerk accepts a defective filing, file an amended stipulation or a motion to correct and notify all parties. Significant errors may require court leave to amend; preserve audit logs showing original execution.

Can a stipulation be revoked?

Revocation depends on the stipulation’s terms and whether the court has entered an order. Parties should review express revocation clauses and seek court guidance if a unilateral withdrawal is attempted after filing.

Electronic Signature
Templates
Legal
Legal Stipulation of Discontinuance

Legal Stipulation of Discontinuance

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

LEGAL STIPULATION OF DISCONTINUANCE

Court: Case Title:

Case Number: Department/Judge:

This Stipulation of Discontinuance is entered into on by and between Plaintiff: and Defendant: in the above-captioned matter.

RECITALS

WHEREAS, Plaintiff commenced the above-captioned action against Defendant asserting certain claims arising from the events alleged in the Complaint; and

WHEREAS, the parties have reached a private resolution of their disputes and desire to settle and discontinue the action upon the terms and conditions set forth in this Stipulation; and

WHEREAS, the parties intend that this Stipulation constitute a final and binding agreement between them resolving the subject matter of this litigation as provided below.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. STIPULATION TO DISCONTINUE

Plaintiff hereby discontinues and dismisses all claims asserted in the above-captioned action against Defendant. The parties request that the Court enter an order dismissing the action as set forth herein. The discontinuance shall be: With prejudice Without prejudice.

Effective Date of Discontinuance: . The parties intend that the dismissal be final upon entry by the Court in the form agreed by the parties.

2. COSTS AND ATTORNEY'S FEES

Unless otherwise set forth below, each party shall bear its own costs and attorney's fees incurred in connection with this action. If the parties have agreed to an allocation or payment of costs or fees, describe the allocation:

Allocation of Costs and Fees

3. RELEASE; SCOPE

Except as expressly reserved in writing in this Stipulation, Plaintiff hereby releases and forever discharges Defendant from any and all claims, demands, liabilities, actions and causes of action, known or unknown, that were or could have been asserted in the above-captioned action. This release is intended to be broad and includes, without limitation, all claims arising out of the facts alleged in the Complaint.

Exceptions to Release (if any)

4. NO ADMISSION OF LIABILITY

This Stipulation and the acts performed or documents executed pursuant hereto shall not be construed as an admission of liability or wrongdoing by any party, and no such admission shall be offered or received in evidence in any proceeding except as may be necessary to enforce the terms of this Stipulation.

5. RETENTION OF JURISDICTION

The parties agree that the Court may retain jurisdiction to enforce the terms of this Stipulation and to resolve any dispute arising out of or related to its interpretation or performance. Check if parties request Court retention of jurisdiction: Court shall retain jurisdiction.

6. NOTICES

All notices required or permitted under this Stipulation shall be in writing and delivered to the addresses set forth below for each party or to such other address as a party may designate by written notice in accordance with this section.

Plaintiff or Plaintiff's Counsel - Name and Address Defendant or Defendant's Counsel - Name and Address

7. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

Governing Law: This Stipulation shall be governed by and construed in accordance with the laws of the state in which the Court sits unless otherwise specified:

Entire Agreement: This Stipulation contains the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written.

Severability: If any provision of this Stipulation is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect and the invalid, illegal or unenforceable provision shall be reformed only to the extent necessary to make it valid and enforceable.

8. AMENDMENTS; COUNTERPARTS; WAIVER

This Stipulation may be amended or supplemented only by a written instrument signed by all parties. This Stipulation may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. No waiver of any provision of this Stipulation shall be effective unless made in writing and signed by the party against whom enforcement is sought.

Additional Terms

Plaintiff or Plaintiff's Counsel:

By:

Date:

Defendant or Defendant's Counsel:

By:

Date:

What a Legal Stipulation of Discontinuance Is and when it’s used

A Legal Stipulation of Discontinuance is a signed written agreement dismissing or discontinuing one or more claims or parties in pending litigation. It records the parties’ terms for ending the action, which may include conditions, payments, or reservation of specific claims. Courts typically accept a stipulation filed with the clerk as evidence of dismissal; in federal court, voluntary dismissal by agreement is governed by Fed. R. Civ. P. 41(a)(1)(A)(ii). Parties commonly use the stipulation to close a case after settlement or when a plaintiff elects not to pursue certain causes of action.

Why parties use a Stipulation of Discontinuance

A stipulation provides a clear, enforceable record that claims have been ended or limited, minimizes future litigation risk, and documents any settlement terms. It preserves court records and lets parties control dismissal timing and scope without a contested hearing.

Typical parties and professionals who complete this document

The Stipulation of Discontinuance is prepared and signed by plaintiffs, defense counsel, or authorized representatives to document dismissal terms.

Plaintiffs or their attorneys who intend to dismiss claims or settle specific counts.
Defendants or defense counsel agreeing to settlement terms and dismissal language.
Clerks, court staff, and mediators handling filing, docketing, and record updates.

After signing, the document is filed with the court clerk and distributed to counsel and interested parties per local rules.

Step-by-step: completing and filing the Stipulation

Follow these core steps to prepare a clean, enforceable stipulation and get it accepted by the court.

01

Prepare header: Use the court caption and docket number exactly as on original pleadings.
02

State terms: Describe which claims or parties are discontinued and any consideration or conditions.
03

Signatures: Collect dated signatures from all required parties or their authorized counsel.
04

File and serve: File with the clerk and serve all parties; follow local e‑filing procedures where required.

How to configure an online workflow for execution and filing

Set up a digital workflow that ensures authentication, records retention, and structured routing before sending for signatures.

Field	Configuration
Document Template	Use a standardized template including caption, docket, and signature blocks.
Authentication	Require email verification or SMS code; use stronger ID proofing for high-risk matters.
Retention Policy	Enable automatic archival and export of audit trail for the agreed retention period.
Delivery & Filing	Configure automatic copies to counsel, clients, and the designated filer for e‑submission.

Where to send the signed Stipulation and how it reaches the record

After signatures are obtained, route the document to the appropriate filing channel and serve all parties according to court rules.

Court Clerk: File physical or e‑file in the court’s electronic filing system.
Opposing Counsel: Serve signed copy to all counsel using the court-accepted service method.
Client: Share a dated copy to maintain client records and confirm terms.
Mediator or Settlement Administrator: Send final executed copy if settlement administration is required.

Digital signing and system requirements for clean, admissible execution

Use a platform that creates a tamper-evident PDF, preserves an audit trail, and supports appropriate signer authentication.

Audit Trail: Timestamp, IP, and action log
Authentication: Email, SMS, or advanced ID proofing
File Formats: PDF/A or printable PDF

Integrations with e‑filing, document storage, and case management reduce manual steps; platforms that offer SOC 2, ESIGN/UETA compliance, and HIPAA protections are appropriate for sensitive matters.

Timelines and filing expectations to avoid dismissal delays

Timing depends on negotiated terms and local court rules; confirm deadlines before execution and before any conditional payments are due.

Effective Date:

Date parties specify; controls when discontinuance takes effect.

Filing Deadline:

File promptly per local rule; some courts require immediate filing after execution.

Service Deadline:

Serve signed stipulation on all parties upon execution or per agreed schedule.

Conditional Terms:

Track payment or performance deadlines listed in the stipulation.

Court Endorsement:

Await clerk or judge entry if court action is required to close the file.

Key milestones from negotiation to case closure

A typical milestone sequence clarifies responsibilities and shows where delays commonly occur.

01

Negotiation

Parties agree on terms, payments, and which claims are discontinued.

02

Execution

All signatories sign and date the stipulation; gather witness or notarization if required.

03

Filing

Submit the executed stipulation to the court clerk or e‑file per local procedures.

04

Case Closure

Clerk entry or judge order removes the discontinued claims from active docket.

Common pitfalls to avoid when preparing the stipulation

Incorrect caption or docket number that prevents the clerk from matching the stipulation to the case file and delays docketing.
Vague discontinuance language that fails to specify which counts, claims, or parties are released and leads to later disputes.
Missing or unsigned signature blocks from required parties, causing the court to reject or refuse acceptance of the document.
Failure to follow local e‑filing or service rules, resulting in improper service or the need to refile.

Consequences of errors or incomplete documentation

Court Refusal: Clerk may refuse filing

Reinstatement Risk: Claims may not be finally extinguished

Fee Exposure: Potential sanctions or fee allocation

Settlement Void: Conditional terms may be unenforceable

Service Failure: Opposing parties not properly notified

Record Gaps: Missing audit trail or retention

Representative eSignature pricing and capability comparison

Cost and capability vary by provider; signNow is listed first for comparison. Verify plan details and enterprise terms before purchasing.

	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 plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently asked questions about execution, filing, and e-signature validity

Answers address common questions about electronic signing, court acceptance, notarization, and revocation procedures for a Stipulation of Discontinuance.

Need help? Contact support

Can I use an electronic signature?
Yes. Electronic signatures are legally effective under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted; ensure the court and opposing parties accept e-signatures and that any consumer disclosures required by ESIGN are provided.
Does the court accept an e-signed stipulation?
Many courts accept e-signed filings when local e‑filing rules permit it; federal voluntary dismissals are governed by Fed. R. Civ. P. 41(a)(1)(A)(ii). Confirm the local court’s CM/ECF or clerk guidance before filing.
Who must sign the stipulation?
All parties whose claims or defenses are being discontinued must sign, or counsel with express authority must sign on their behalf. Obtain dated signatures and identify the signer’s capacity to avoid disputes over authority.
Is notarization or witness required?
Not usually required for a stipulation itself, but some jurisdictions or local rules may request notarization for related releases; remote online notarization (RON) availability varies by state and notary rules.
How do I correct a filed stipulation?
If the clerk accepts a defective filing, file an amended stipulation or a motion to correct and notify all parties. Significant errors may require court leave to amend; preserve audit logs showing original execution.
Can a stipulation be revoked?
Revocation depends on the stipulation’s terms and whether the court has entered an order. Parties should review express revocation clauses and seek court guidance if a unilateral withdrawal is attempted after filing.

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