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Legal Stipulation to Dismiss

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LEGAL STIPULATION TO DISMISS

This Legal Stipulation to Dismiss (the "Stipulation") is entered into as of Effective Date: by and between Plaintiff Name: with counsel Counsel for Plaintiff: and Defendant Name: with counsel Counsel for Defendant: , pertaining to Case No.: pending in Court: .

RECITALS

WHEREAS, Plaintiff commenced the above-captioned action asserting claims against Defendant for matters arising out of the events described in the complaint; and

WHEREAS, the parties have negotiated terms to resolve certain claims and to avoid further litigation, including the payment or performance described below; and

WHEREAS, the parties desire to enter into this Stipulation to Dismiss to effectuate the dismissal of the action with the terms and conditions set forth herein.

NOW, THEREFORE

In consideration of the mutual covenants and promises set forth below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DISMISSAL

1.1 Subject to the terms of this Stipulation, the parties agree that Plaintiff shall dismiss the action as follows:

    The dismissal shall be:

1.2 Plaintiff shall file a Notice of Dismissal or Stipulation to Dismiss with the court within calendar days of the Effective Date, or on the date specified by the parties: .

2. SETTLEMENT TERMS

2.1 As consideration for this dismissal, Defendant agrees to perform the obligations described in this Section and in the Settlement Terms field below. Payment, if any, shall be made in accordance with the schedule set forth by the parties.

2.2 Payment amount (if applicable): $ . Payment shall be made to: , and shall be delivered to:

3. MUTUAL RELEASE

3.1 Upon full performance of the obligations set forth in this Stipulation, each party, on behalf of itself, its heirs, successors and assigns, releases and forever discharges the other party from all claims, demands, causes of action and liabilities that were asserted or could have been asserted in the Action, except for claims arising from a party's breach of this Stipulation.

4. COSTS, ATTORNEYS' FEES AND TAXES

4.1 Except as set forth herein, each party shall bear its own costs and attorneys' fees incurred in connection with the Action and the negotiation of this Stipulation unless otherwise provided in a separately executed settlement agreement.

5. NO ADMISSION OF LIABILITY

5.1 This Stipulation, any payment of consideration, and the performance hereunder shall not be construed as an admission of liability, wrongdoing, or fault by any party, and neither party shall use this Stipulation as evidence of liability in any proceeding except to enforce its terms.

6. FILING AND ENTRY

6.1 The parties shall cooperate to effectuate the dismissal contemplated by this Stipulation. Responsibility for the filing of the dismissal with the court shall be: .

7. CONFIDENTIALITY

7.1 The parties agree that the terms of this Stipulation, including any settlement amounts, shall be:

8. NOTICES

8.1 All notices required or permitted under this Stipulation shall be in writing and delivered to the parties at the addresses set forth below, or to such other address as a party may designate in writing.

9. MISCELLANEOUS

9.1 Governing Law. This Stipulation shall be governed by and construed in accordance with the laws of the jurisdiction specified below, without regard to conflict of law rules.

9.2 Entire Agreement. This Stipulation constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

9.3 Severability. If any provision of this Stipulation is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the parties shall negotiate in good faith to replace the invalid provision with a valid provision that most closely approximates the parties' original intent.

9.4 Amendments and Waiver. No amendment, modification or waiver of any provision of this Stipulation shall be effective unless made in writing and signed by the party against whom enforcement is sought. The failure of any party to enforce any provision of this Stipulation shall not be construed as a waiver of such provision or of the right to enforce such provision.

9.5 Counterparts. This Stipulation may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument. Delivery of an executed signature page by electronic means shall be effective to bind the executing party.

10. ENFORCEMENT

10.1 The parties acknowledge that a breach of this Stipulation may cause irreparable harm that cannot be adequately remedied by monetary damages alone and that equitable relief, including specific performance or injunctive relief, may be an appropriate remedy in addition to any other remedies available at law or in equity.

Plaintiff:

By:

Date:

Defendant:

By:

Date:

Enter text✕

What the Legal Stipulation to Dismiss Is

A Legal Stipulation to Dismiss is a signed agreement between parties to discontinue one or more claims or an entire action and to ask the court to enter a dismissal. It records the parties' mutual intent, identifies whether dismissal is with or without prejudice, and usually states how costs and fees are handled. Courts typically accept a stipulation when it complies with local rules and is filed on the docket; some courts require a proposed order. Electronic execution and electronic filing are permitted where local court rules allow and federal statutes (ESIGN) or state law (UETA or state ESRA) apply.

Why Parties Use a Stipulation to Dismiss

A stipulation to dismiss provides a clear, written record of settlement or agreement to end litigation; it reduces uncertainty about future claims, preserves settlement terms, and lets the court close the case promptly when properly executed and filed.

Why Parties Use a Stipulation to Dismiss

Who Typically Prepares and Signs This Document

The stipulation is most often prepared by counsel for one party and circulated for review and signature by opposing counsel or by a self-represented party; it can also be used by corporate representatives when approved internally.

  • Plaintiffs' counsel preparing dismissal language and settlement conditions for court filing.
  • Defendants' counsel approving terms and confirming cost or fee allocations before signing.
  • Pro se litigants who reached settlement and must execute and file the dismissal themselves.

After signatures, the document is filed with the clerk per local e-filing or paper rules to request formal disposition by the court.

Representative Signer Profiles

Managing Attorney

An attorney directing dismissal typically attaches the proposed order, confirms client authority to settle, and certifies compliance with local rules. They must ensure the document states whether dismissal is with or without prejudice and whether fees or costs are reserved or waived.

Pro Se Litigant

A self-represented party signing a stipulation should verify the opposing party's signatures, confirm docketing instructions, and follow local court e-filing procedures to avoid rejection or inadvertent waiver of rights.

Core Elements of a Professional Stipulation to Dismiss

A well-structured stipulation clearly identifies the case, states the agreed outcome, and provides directions for the clerk; include any reservation of rights, fee allocation, and a signature block for all parties or counsel.

Case Caption

Include the full court name, docket number, judge, and complete party names exactly as shown on the complaint or answer to ensure correct docketing and clerk acceptance.

Recitals

Briefly state background facts or settlement context that explain why the parties stipulate to dismissal without unnecessary detail or admission of liability.

Dispositive Clause

State whether dismissal is with prejudice (claims extinguished) or without prejudice (claims may be refiled), and include any limitations or timebars agreed by parties.

Costs and Fees

Specify whether each party bears its own costs, whether fees are paid by one party, or whether an agreed amount will be paid; clarity avoids later fee disputes.

Proposed Order

Attach or reference a proposed order for the judge to sign that mirrors the stipulation language and provides the clerk with clear entry instructions.

Signatures

Provide signature lines for counsel or authorized representatives, printed names, titles, dates, and, if required, notary blocks or witness lines per local rules.

Step-by-Step: Completing and Filing the Stipulation

Follow these sequential steps to prepare, sign, and submit a stipulation to dismiss so the court can docket the agreed disposition without delays.

  • 01
    Prepare Draft: Draft clear dismissal language mirroring settlement terms and include a proposed order.
  • 02
    Circulate for Signature: Send draft to opposing counsel or parties for review and signature, permitting edits before finalization.
  • 03
    Authenticate Signatures: Confirm authorized signer identity and include notary or witness information if required by local rules.
  • 04
    File with Clerk: File the signed stipulation and proposed order through the court's e-filing system or by paper submission per local rules.

How the Signing and Filing Flow Works

This overview shows the typical path from agreement to court docket entry so each party understands their role and timing expectations.

  • Agreement Reached: Parties finalize settlement terms and agree on dismissal language.
  • Document Execution: All parties or counsel sign the stipulation, using electronic signatures where allowed.
  • Submit to Court: File the signed stipulation and proposed order with the clerk or e-file system.
  • Clerk Dockets Order: Court signs or enters the order and the clerk closes the case as instructed.

Typical Digital Workflow Settings

When completing the stipulation online, configure authentication, field locking, and routing to match court and agreement requirements.

Field Configuration
Authentication Email link, SMS code, or stronger KBA as needed
Signature Order Sequential or parallel routing per parties' agreement
Field Locking Lock executed fields to prevent later edits
Audit Trail Enable IP, timestamp, and action logging for records

Digital Signing and Filing Platform Considerations

Select an e-signature and e-filing approach that meets court rules, provides an auditable trail, and supports required signer authentication.

  • Signature Authentication: Email, SMS code, or KBA options
  • Document Formats: PDF/A or court-accepted PDF required
  • Integration: E-filing and case management connectors

Ensure the chosen solution produces a tamper-evident PDF, retains an audit trail, and can export or deliver the signed record for court submission and client files.

Essential Information to Include

Case Caption: Court, parties, docket number
Disposition Type: With prejudice or without prejudice
Effective Date: MM/DD/YYYY
Cost Allocation: Who pays costs/fees
Proposed Order: Attached or incorporated
Signatory Details: Name, title, date

Common Preparation Errors to Avoid

  • Using mismatched party names or docket numbers, which can cause clerk rejection or misfiling and delay case closure.
  • Failing to specify whether dismissal is with or without prejudice, creating ambiguity about refile rights and future litigation.
  • Omitting a proposed order or providing language that conflicts with the stipulation, which can prevent the judge from entering the dismissal.
  • Relying on informal email confirmation without a signed stipulation or verified electronic signature; the court may require a signed document on the record.

Risks and Consequences of Incorrect or Incomplete Filings

Case Not Closed: Clerk rejects or delays docket entry
Claim Survival: Ambiguous language may allow refiling
Sanctions: Court may impose fees for procedural violations
Enforceability: Unclear terms can hinder enforcement
Authority Dispute: Unauthorized signer raises voidability issues
Tax Reporting: Improper dates affect tax deadlines

Typical Timing and Processing Expectations

Timing depends on court local rules, settlement terms, and whether parties use e-filing; confirm deadlines before submitting to avoid missed windows or additional motions.

Filing Window:

Many courts expect filing within 7–14 days after agreement

Clerk Processing:

Docketing often occurs within 1–3 business days

Motion to Reinstate:

Typical motion-to-vacate windows are about 28–30 days

Tax Year Effects:

Settlement dates affect year of reporting and deadlines

Record Retention:

Keep signed originals until clerk confirms closure

eSignature Pricing and Capability Snapshot

Compare signNow and common alternatives for basic pricing and key capability flags relevant to signing and filing a stipulation to dismiss.

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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 Varies by plan Varies by plan Varies by plan Varies by plan
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

Answers to common questions about validity, e-signatures, filing, and correcting stipulations to dismiss, framed for U.S. courts and electronic workflows.


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