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Stipulation for Dismissal

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STIPULATION FOR DISMISSAL

IN THE DISTRICT COURT OF THE FIRST CIRCUIT

DIVISION

STATE OF HAWAIʻI

Plaintiff(s)

Reserved for Court Use

Civil No.

Filing Party/Attorney Name, Attorney Number (if applicable), Address, Telephone and Fax Numbers

Defendant(s)

Next Court Date and Time (if any):

STIPULATION FOR DISMISSAL

Plaintiff and Defendant agree to the Entry of Dismissal in this case (select one) or prejudice pursuant to District Court Rules of Civil Procedure, Rule 41(a)(1)(ii). This Stipulation for Dismissal is signed by all parties who have appeared in this action.

(Select one)

(Certificate of Service required as to other Defendants).

OR

Date:

Signature of Plaintiff/Attorney:

Print/Type Name:

Date:

Signature of Defendant/Attorney:

Print/Type Name:

In accordance with state and federal disability laws, if you require an accommodation for a disability when working with a court program, service, or activity, please contact the District Court Administration Office at PHONE NO. 538-5121, FAX 538-5233, or TTY 539-4853 at least ten (10) working days before your proceeding, hearing, or appointment date.

For all Civil related matters, please call 538-5151 or visit the District Court Service Center at 1111 Alakea Street, Third (3rd) Floor.

CommonLook®

508 Certified

(Rev. 31 May 2006)

1D-P-775

Stipulation for Dismissal

Form#1DC21

Reprographics (1/07)

Page 1 of 1

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What a Stipulation for Dismissal Is and when it applies

A Stipulation for Dismissal is a signed written agreement filed in court that records the parties' joint request to end a case. Common in civil litigation, it specifies whether the dismissal is with or without prejudice and who bears costs or fees. Federal Rule of Civil Procedure 41 governs voluntary dismissals in federal court; state courts follow comparable local rules. The document becomes effective when filed and entered by the clerk or judge as required by local practice, and it terminates the parties' ongoing claims as set out in the text.

Why use a clear, court-ready Stipulation for Dismissal

A properly drafted stipulation provides a definitive, reproducible record that ends litigation, allocates costs, and prevents future ambiguity about claims. It reduces need for additional motions and helps the clerk accurately close the docket, preserving enforceable terms in writing.

Why use a clear, court-ready Stipulation for Dismissal

Who commonly prepares and signs a Stipulation for Dismissal

Even when attorneys prepare the document, confirm client authorization and check court-specific procedures before filing.

  • Plaintiffs and defendants cooperate to draft terms and confirm mutual agreement.
  • Attorneys of record prepare the text, sign counsel blocks, and file on behalf of clients.
  • Court clerks may require a judge's signature or docket entry to effectuate dismissal.

Essential elements to include in a professional Stipulation for Dismissal

A concise stipulation includes the case caption, clear dismissal language, prejudice status, cost allocation, signature blocks for all parties (or counsel), and any judge or clerk approval language required by the court.

Case Caption

Full court name, case number, party names, and docket reference to identify the matter precisely.

Dismissal Statement

Explicit wording that the action is dismissed and whether the dismissal is with or without prejudice.

Costs and Fees

A clause stating which party bears filing fees, taxable costs, or other expenses, and how those will be resolved.

Reservation of Claims

If applicable, specify any claims or rights being preserved, or note that none are reserved.

Signatures

Signature lines for each party or counsel, with printed names, bar numbers for attorneys, and dates.

Court Approval

Space for a judge or clerk signature/block if local rules require judicial approval before dismissal is entered.

Step-by-step: preparing and filing a Stipulation for Dismissal

Follow these ordered steps to prepare, sign, and file a stipulation that conforms to court practice.

  • 01
    Draft the text: Compose clear dismissal language and include case caption.
  • 02
    Confirm agreement: Obtain written consent from all parties or their counsel.
  • 03
    Signatures: Collect signatures and dates from each party or counsel.
  • 04
    File and docket: Submit to the clerk following local filing rules and retain proof of filing.

Typical workflow from settlement to dismissal

A common sequence moves from settlement to documented stipulation, signature collection, filing, and court entry; each stage can be streamlined with e-sign and secure delivery.

  • Agreement Reached: Parties negotiate settlement terms and agree to dismiss.
  • Stipulation Drafted: Counsel prepares the dismissal text reflecting settlement terms.
  • Signatures Collected: All parties or counsel sign and date the stipulation.
  • File With Court: File the stipulation with the clerk and obtain docket entry.

How to configure an electronic workflow for signing and filing

Configure fields and authentication to match court and party requirements before sending for signatures.

Field Configuration
Signature Field Required for each party; include date block
Authentication Email link or SMS code; stronger ID if required
File Format Use printable PDF or court-accepted format
Audit Trail Enable IP, timestamp, and certificate logging

Technical considerations for digital completion and eFiling

Confirm integration options with eFiling portals and document storage platforms to maintain chain-of-custody and reduce manual steps.

  • File Types: Accept PDF/A or court-preferred PDF versions
  • Authentication: Choose email, SMS, or advanced ID verification
  • Audit Trail: Capture signer IP, timestamp, and action history

Required case and signatory information to include

Case Caption: Court name and docket number
Party Names: Full legal names of all parties
Dismissal Type: With or without prejudice
Costs Clause: Who pays fees or costs
Signatories: Printed name and signature
Date: MM/DD/YYYY format

Common pitfalls to avoid when preparing a stipulation

  • Using ambiguous language about preserved claims leads to later disputes and potential motion practice to clarify scope.
  • Filing with an incorrect case number or court name can cause misfiling and delay formal entry of dismissal.
  • Failing to obtain authority from a corporate signatory or counsel risks an unauthorized stipulation that a court may refuse to honor.
  • Not checking local rules for required judge approval can leave the docket open despite party agreement.

Consequences of an incorrect or unauthorized stipulation

Case Reinstatement: Court may reopen or deny dismissal
Sanctions Risk: Possible sanction for improper filings
Enforceability: Ambiguous terms may be unenforceable
Cost Allocation: Unexpected fee liability
Delay: Docket closure delayed
Authorship: Unauthorized signatory invalidates agreement

Timing considerations and typical deadlines for dismissal handling

Understand deadlines for filing the stipulation and any associated orders, and check local rules for post-judgment timelines.

Pretrial Dismissal:

Often filed immediately after settlement agreement execution

After Settlement Funds Cleared:

Some stipulations condition dismissal on payment clearance

Judge Approval Window:

Allow time for judicial review if required by local rule

Cost Motions:

File motions for costs within local timeframes

Record Retention:

Keep filed copies for at least three years post-dismissal

Frequently asked questions about Stipulations for Dismissal

Answers to common questions about validity, signatures, filing, and how to correct errors after filing.


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