Can a stipulation be signed electronically?

Yes. Electronic signatures are generally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and record retention requirements are met. Verify the court's local e-filing and signature rules before submission.

What if one party refuses to sign?

If a party will not sign, the other party may move to dismiss unilaterally if authorized by rule, or seek a court hearing. A stipulation requires mutual agreement; without it, a court-ordered dismissal or motion practice may be necessary.

Is notarization required for a stipulation?

Not generally for court stipulations, but some jurisdictions or specific filings may require notarization or witness attestation. Check local court rules; remote online notarization (RON) rules also vary by state.

Do I need a proposed order attached?

Many courts request a proposed order that mirrors the stipulation language to facilitate judicial action. Attaching a proposed order reduces processing time and avoids inconsistencies between documents.

How long until the court closes the case?

Timing varies: clerks may process a stipulation the same day or take several business days. If a judge must review, entry of an order may take longer; confirm expected timelines with the clerk's office.

Can a stipulation be revoked after filing?

Revocation depends on the stipulation language and court approval. Once the court enters an order based on a stipulation, undoing dismissal generally requires a motion demonstrating good cause; consult local rules and counsel for options.

Electronic Signature
Templates
Legal
Legal Stipulation of Dismissal Form

Legal Stipulation of Dismissal Form

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

LEGAL STIPULATION OF DISMISSAL

This Stipulation of Dismissal is entered into on this date by and between Plaintiff: , whose address is , and Defendant: , whose address is (collectively, the Parties).

Court: — Case Number: .

RECITALS

WHEREAS, Plaintiff filed the above-captioned action asserting certain claims against Defendant; and

WHEREAS, the Parties have engaged in negotiations and have reached a mutual agreement to resolve the dispute on the terms set forth herein; and

WHEREAS, the Parties desire to dispose of this action by dismissal pursuant to the terms of this Stipulation without further litigation.

NOW, THEREFORE

In consideration of the mutual covenants and agreements set forth below, the Parties agree as follows:

1. STIPULATION TO DISMISS

The Parties stipulate and request that the Court dismiss the above-captioned action. The dismissal shall be: With prejudice Without prejudice. If neither box is checked, the Parties acknowledge that this Stipulation is intended to effect a dismissal with prejudice unless otherwise indicated in the settlement terms below.

2. SETTLEMENT TERMS AND PAYMENT

The Parties represent that they have agreed to settlement terms as follows:

Settlement Payment and Schedule

If a monetary payment is to be made pursuant to settlement, the payment amount is: . Payment shall be made by the date: , unless the Parties agree in writing to a different schedule.

3. COSTS AND ATTORNEYS' FEES

Except as expressly provided in the settlement terms, each Party shall bear its own costs, expenses, and attorneys’ fees incurred in connection with the action and the negotiation and execution of this Stipulation. To the extent a separate provision allocates costs or fees, that provision shall control.

4. NO ADMISSION

The Parties agree that this Stipulation and any payment made or other terms agreed to pursuant to it shall not constitute and shall not be construed as an admission of liability, fault, or wrongdoing by any Party, and shall not be admissible as evidence of liability in any proceeding except to enforce this Stipulation or as otherwise required by law.

5. FILING AND ENTRY

The Parties shall cooperate to present this Stipulation to the Court and shall prepare and submit any proposed order necessary to effectuate the dismissal. The Parties agree to file the dismissal within days of the date of execution of this Stipulation unless otherwise agreed in writing.

6. ENFORCEMENT

The Parties consent to the jurisdiction of the Court for the purpose of enforcing this Stipulation and any order entered by the Court approving this Stipulation. Remedies for breach include, but are not limited to, specific performance, entry of an order to effectuate payment, or any other relief the Court deems appropriate.

7. REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants that it has full authority to enter into this Stipulation, that it has read and understands its terms, and that there are no outstanding agreements with third parties that would prevent performance of the obligations set forth herein.

8. NOTICES

All notices required or permitted under this Stipulation shall be in writing and delivered to the Parties at the addresses set forth below, by hand delivery, nationally recognized overnight courier, or first-class mail.

Plaintiff Notice Address Defendant Notice Address

9. AMENDMENT AND WAIVER

No amendment, modification, or waiver of any provision of this Stipulation shall be effective unless in writing and signed by both Parties. No failure or delay by any Party in exercising any right under this Stipulation shall operate as a waiver of that right.

10. GOVERNING LAW

This Stipulation shall be governed by and construed in accordance with the substantive laws of the jurisdiction in which the Court presiding over the action sits, without regard to its principles of conflicts of law.

11. ENTIRE AGREEMENT

This Stipulation constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior and contemporaneous negotiations, agreements, and understandings, whether written or oral.

12. 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 shall be construed so as to effectuate the intent of the Parties to the maximum extent permitted by law.

13. COUNTERPARTS

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. Facsimile or electronic signatures shall be deemed original signatures for all purposes.

ATTORNEYS OF RECORD

Counsel for Plaintiff (Name, Firm, Bar No.) Counsel for Defendant (Name, Firm, Bar No.)

Plaintiff Printed Name:

By:

Date:

If signing as an authorized representative, print capacity:

Defendant Printed Name:

By:

Date:

If signing as an authorized representative, print capacity:

What the Legal Stipulation of Dismissal Form Is

The Legal Stipulation of Dismissal Form is a written agreement filed with a court by parties in a civil case to record their mutual decision to end the action. The document identifies the case caption and number, states whether dismissal is with or without prejudice, memorializes settlement terms or conditions, and requests that the clerk close the file or enter judgment. Courts may require a proposed order, specific language, or signatures from counsel; local rules determine acceptable formatting and submission methods.

Why a Clear Stipulation Matters

A properly drafted stipulation creates a clear court record of the parties' agreement, avoids misunderstandings about dismissal scope, and preserves enforceability of settlement terms while preventing needless hearings or contested post‑dismissal motions.

Who Typically Prepares and Signs This Form

Plaintiffs, defendants, and their counsel commonly prepare and submit a Legal Stipulation of Dismissal Form to conclude litigation or record settlement terms.

Private litigants and their attorneys — civil contract, tort, and commercial dispute matters.
Government entities and enforcement counsel handling civil dismissals and covenant terminations.
Pro se litigants filing stipulated dismissals when courts allow electronic or paper submission.

Check local court rules for signature, filing, and proposed-order requirements before submission to avoid rejection or delays.

Primary Signers and Their Roles

Plaintiff Counsel

Plaintiff attorneys typically draft the stipulation to reflect settlement terms, secure client signatures, and submit a proposed order. They verify party names, case number, and whether dismissal is with or without prejudice to ensure the court record matches parties' intent and to preserve enforcement options.

Pro Se Litigant

Self-represented parties may complete and sign a stipulation where the court permits; additional verification or judge approval may be required. Pro se filers should follow local form rules, provide complete contact information, and confirm e-filing acceptance before submission.

Core Components of a Professional Stipulation

A complete Legal Stipulation of Dismissal Form includes defined elements that courts expect. Ensure each component is present to reduce clerk rejection and to make enforcement straightforward if disputes arise later.

Case Caption

Full court name, plaintiff(s), defendant(s), and docket or case number to ensure the document is filed in the correct matter and to prevent clerical misfiling.

Dismissal Language

Explicit statement whether dismissal is with prejudice or without prejudice; ambiguous phrasing can invite later litigation over refiling rights and remedies.

Settlement Terms

If dismissal follows settlement, include the material payment terms, release language, confidentiality clauses, or performance conditions that affect enforceability.

Signatures

Signature lines for each party or counsel with printed name, title or bar number, and date; note whether notarization is required by local rules.

Proposed Order

Many courts prefer or require an attached proposed order closing the case; include an order draft matching stipulation language for judicial signature.

Service Details

Method and date of service on opposing parties and the court to document notice and meet local proof-of-service requirements.

Step-by-Step: Prepare, Sign, and File the Stipulation

Follow these sequential steps to prepare a compliant stipulation, obtain necessary signatures, and submit the document in line with local court procedures.

01

Confirm Settlement: Verify agreed terms and any releases in writing among all parties before drafting.
02

Prepare Stipulation: Draft form with full case caption, explicit dismissal language, and any settlement terms.
03

Obtain Signatures: Collect signatures from each party or their authorized counsel; notarize if local rules require.
04

File With Court: E-file or deliver the stipulation and proposed order per the court's e-filing rules.

How to Configure an Online Stipulation Workflow

Set up the document for e-signature and e-filing with these common workflow settings to reduce friction and preserve an audit trail.

Field	Configuration
Signer Order	Parallel or sequential signing
Auth Level	Email link; add SMS passcode for higher assurance
Document Format	PDF with fillable fields for court compatibility
Completion Certificate	Attach audit trail and certificate of completion

Where to Send a Completed Stipulation

Typical routing paths for a signed stipulation include the court clerk, opposing counsel, and retained records; follow local filing rules for each destination.

Court Clerk: E-file through the court system or deliver paper to the clerk's office per local rule.
Opposing Counsel: Serve the signed stipulation by the agreed method, such as email, e-service, or certified mail.
Mediation File: If the settlement followed mediation, provide a copy to the mediator if required by agreement.
Party Records: Each party should retain an executed copy for their file and future reference.

Digital Signing, File Types, and Integrations

E-signatures and e-filing require compatible file formats and clear signer authentication; verify court technical specifications before submitting.

File Formats: PDF, DOCX allowed by many courts
Integrations: Connect to DMS, court e-file, or case systems
Authentication: Email link, SMS code, or higher-assurance ID verification

Stipulation vs Proposed Order — Key Differences

Compare the stipulation document and a court-issued proposed order to determine which the court requires and when to attach a proposed order to your filing.

Document	Stipulation	Proposed Order
Court Action	requests closure	court issues order
Order Required	often yes
Signatures	parties sign	judge signs
Effect on Record	agreement on record	official judgment

eSignature Vendor Comparison for Filing and Signing

Basic vendor pricing and feature availability to consider when selecting an eSignature provider for executing and delivering stipulations. signNow is listed first per vendor comparison guidance.

	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	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Timing Considerations and Typical Deadlines

Key timepoints and deadlines to track when executing and filing a stipulation of dismissal to avoid procedural problems.

Execution Date:

Date when parties sign the stipulation (MM/DD/YYYY)

Filing Deadline:

File promptly after execution per local rule to effect dismissal

Clerk Processing:

Clerk action time varies — same day to several business days

Service on Parties:

Provide proof of service when filing as required

Retention:

Each party should retain executed copies indefinitely per policy

Milestones from Settlement to Court Closure

A sequential timeline highlights the core milestones from agreement to formal case closure that parties typically navigate.

01

Settlement Reached

Parties agree on terms and confirm material obligations.

02

Draft Stipulation

Prepare the stipulation with precise dismissal and release language.

03

Signatures Collected

Obtain signatures from all parties or counsel and notarize if necessary.

04

Court Closes Case

Clerk or judge enters dismissal or signs proposed order closing the case.

Common Mistakes to Avoid When Preparing a Stipulation

Failing to include the full case caption and docket number often results in clerk rejection and filing delays.
Using ambiguous dismissal language, such as omitting 'with' or 'without prejudice', creates uncertainty about refiling rights and settlement finality.
Submitting a stipulation without all required signatures or counsel authorization can lead to procedural rejection or the need to amend the filing.
Not confirming court electronic filing formats, proposed-order templates, or local signature rules causes avoidable rejections and processing delays.

Penalties and Legal Risks of an Incorrect Stipulation

Case Reopened: May permit motion to reinstate

Sanctions: False representations risk sanctions

Cost Shifting: Court may award costs

Enforcement Risk: Ambiguous terms weaken enforcement

Tax Reporting: Settlement payments may trigger reporting

Filing Rejection: Clerks can reject noncompliant filings

Two Typical Use Cases for a Stipulation of Dismissal

Practical examples show how stipulations close cases and document settlement terms while minimizing court involvement.

Settlement Closure in Contract Dispute

A plaintiff and defendant agree to settle a breach claim for a specified amount

Parties sign a stipulation stating dismissal with prejudice
The clerk enters judgment, the plaintiff receives payment, and the stipulation prevents refiling of the same claim.

Conditional Dismissal Pending Performance

Parties agree to dismiss a case contingent on future performance by one party

Stipulation includes a compliance schedule and refile provision
If performance fails, the opposing party may move to reopen or enforce the settlement under the stipulation's terms.

Frequently Asked Questions About Stipulations of Dismissal

Answers to common questions about electronic signatures, court acceptance, execution, and next steps after filing a stipulation.

Need help? Contact support

Can a stipulation be signed electronically?
Yes. Electronic signatures are generally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and record retention requirements are met. Verify the court's local e-filing and signature rules before submission.
What if one party refuses to sign?
If a party will not sign, the other party may move to dismiss unilaterally if authorized by rule, or seek a court hearing. A stipulation requires mutual agreement; without it, a court-ordered dismissal or motion practice may be necessary.
Is notarization required for a stipulation?
Not generally for court stipulations, but some jurisdictions or specific filings may require notarization or witness attestation. Check local court rules; remote online notarization (RON) rules also vary by state.
Do I need a proposed order attached?
Many courts request a proposed order that mirrors the stipulation language to facilitate judicial action. Attaching a proposed order reduces processing time and avoids inconsistencies between documents.
How long until the court closes the case?
Timing varies: clerks may process a stipulation the same day or take several business days. If a judge must review, entry of an order may take longer; confirm expected timelines with the clerk's office.
Can a stipulation be revoked after filing?
Revocation depends on the stipulation language and court approval. Once the court enters an order based on a stipulation, undoing dismissal generally requires a motion demonstrating good cause; consult local rules and counsel for options.

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