Letter Requesting Agreed Order of Dismissal
What the Letter Requesting Agreed Order of Dismissal Is
Why Parties Use This Letter
The letter documents the parties' agreement in the court record, speeds case closure, reduces continued litigation expense, and prompts the judge to enter a formal order reflecting the dismissal and any retained terms.
Who Typically Prepares and Submits This Letter
Counsel for either party usually drafts the letter and circulates it for signature, then files with the court clerk.
- Plaintiff or defense counsel: Prepares text, secures opposing counsel signature, and files with the court.
- In-house legal or claims teams: Use when corporate parties resolve a dispute and need a single short filing.
- Pro se litigant with counsel oversight: Rarely used alone; courts prefer counsel to prepare stipulated dismissal filings.
Courts accept these letters when they meet local filing rules; always confirm case-specific procedures with the clerk.
Who May Sign on Behalf of Parties
Plaintiff's Attorney
An attorney of record may sign the letter on behalf of a plaintiff when the client has authorized settlement and dismissal; counsel should confirm written client authorization to avoid later disputes over authority.
Defendant's Attorney
An attorney of record may sign for a defendant after confirming client approval; where corporate defendants are involved, signatory authority is typically documented by a corporate officer or written delegation.
Risks of an Incorrect or Deficient Letter
Common Pitfalls to Avoid
- Failing to include the docket number and correct case caption, which causes processing delays or rejection by the clerk.
- Using vague language about settlement terms instead of attaching a signed stipulation or clearly identifying reserved claims.
- Relying on unsigned or improperly authenticated electronic signatures when the jurisdiction or court local rules require stricter verification.
- Not confirming local rules for proposed dismissal orders, which may require specific form language, proposed order attachments, or courtroom scheduling.
Step-by-Step: Preparing the Letter
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01Gather case details: Confirm full case caption and docket number
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02Draft concise letter: State settlement and request entry of dismissal
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03Obtain signatures: Collect counsel signatures and client authorization
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04File with court: E-file or hand-deliver per local rules
How Filing and Court Entry Usually Works
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Draft letter: Prepare letter referencing settlement or stipulation
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Sign and circulate: Collect counsel signatures or approvals
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Submit to clerk: E-file or deliver per local procedures
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Judge signs order: Court enters agreed dismissal order
Customizing an Online Workflow for This Letter
| Field | Configuration |
|---|---|
| Document template | Pre-fill case caption and docket number |
| Signer authentication | Email link, SMS code, or stronger verification |
| Routing order | Set sequential signing: plaintiff then defendant |
| Storage | Save PDF and audit trail to matter folder |
Technical Options for Signing and Sharing
Choose a platform that supports common court file formats and the authentication level your jurisdiction requires.
- File formats: PDF and DOCX widely accepted
- Integrations: Connect to systems like NetSuite or Google Workspace
- Authentication: Support for email, SMS, or stronger methods
Ensure the platform records a complete audit trail (timestamps, IP, signer identity) and stores signed copies in a secure matter repository or cloud folder.
Timing Considerations and Typical Processing Steps
File promptly after settlement:
File as soon as signatures are obtained to prevent post-settlement issues
Clerk review time:
Local processing can be days to weeks depending on court
Judge review window:
Some judges sign quickly; others schedule review
Entry of order:
Entry date becomes official case closure date
Effect of dismissal:
Check whether dismissal is with or without prejudice
Key Milestones from Settlement to Case Closure
Settlement Reached
Parties finalize material terms and agree to dismissal
Letter Prepared
Draft letter and attach any stipulation or proposed order
Signatures Collected
Obtain signatures from counsel and authorized parties
Court Entry
Judge signs agreed order and clerk records dismissal
How This Letter Differs from Other Court Filings
| Criteria | Agreed Letter | Stipulation of Dismissal | Unilateral Motion |
|---|---|---|---|
| Filed by | either party | both parties | one party |
| Requires signatures | counsel signatures | all parties | filing party only |
| Use when | settlement reached | settlement reached | no agreement |
| Court action | judge signs order | judge signs order | judge rules on motion |
Representative eSignature Vendor Comparison for Preparing and Executing the Letter
| 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 | No | No | Yes, limited | Yes, limited |
| Bulk Send | Yes | Yes | Yes | Yes | No |
| Audit Trail | Yes | Yes | Yes | Yes | Yes |
| Envelope Cap | No cap | 100 envelopes/user/year | Varies by plan | Varies by plan | Varies by plan |
Practical Use Examples
Corporate Settlement Example
After mediation, parties agree to dismiss with payment schedule
- Plaintiff counsel drafts the letter referencing the settlement agreement
- The proposed order and payment schedule are attached; the court enters dismissal retaining jurisdiction for enforcement, avoiding further hearings and preserving the payment remedy.
Individual Plaintiff Example
A pro se plaintiff and defendant reach a small-dollar settlement
- Counsel for defendant prepares the agreed letter and proposed order
- The letter summarizes terms, both parties sign, and the court clerk files the agreed dismissal, ending active litigation.
Practical Tips for Accurate Completion
Frequently Asked Questions About the Letter
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Can this letter be e-signed?
Yes where the court accepts electronic filings and the jurisdiction follows ESIGN (15 U.S.C. ch. 96) or UETA; ensure the eSignature method meets any local court authentication or identity-proofing requirements.
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Do I need to attach a proposed order?
Most courts prefer a proposed agreed order attached to the letter to minimize judicial drafting; check local rules for required language or format before filing.
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What if parties disagree after filing?
If disputes arise post-filing, parties may move to reinstate or vacate the dismissal depending on case facts and court rules; preserving detailed settlement documents and communications aids enforcement or challenge.
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Is notarization required?
Not usually for a simple letter requesting dismissal, but some courts or local rules may require notarized attachments; confirm with the clerk if unsure.
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How long until the court enters the order?
Timing varies by docket load and judge preference; it can be days to several weeks—follow up with the clerk if entry is delayed and you have time-sensitive obligations.
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What audit records should be kept?
Keep signed PDFs, signature audit trails (timestamp, IP, signer identity), and client authorizations; these support enforceability and help meet retention rules like IRC §6501(a) or 45 CFR §164.530(j).