Rule 42 Voluntary Dismissal
Rule Text
(a) Dismissal in the Trial Court. If an appeal has not been docketed, the appeal be dismissed by the trial court upon the filing in that court of a stipulation for dismissal signed by all the parties, or upon motion and notice by the appellant.
(b) Dismissal in the Appellate Division. If the parties to an appeal or other proceeding shall sign and file with the clerk of court an agreement that the proceeding be dismissed, specifying the terms as to payment of costs, and shall pay whatever fees are due, the clerk shall enter the case dismissed, but no mandate or other process shall issue without an order of the appellate division. An appeal may be dismissed on motion of the appellant upon such terms as may be agreed upon by the parties or fixed by the appellate division.