Handbook VIII.D: Motions for Voluntary Dismissal

(See Fed. R. App. P. 42; D.C. Cir. Rule 42.)

An appeal from the district court not yet docketed in this Court may be dismissed by the district court. Once an appeal has been docketed, however, it can be dismissed only by this Court.

In a civil appeal or agency proceeding, the parties may stipulate that the case should be dismissed, or the appellant or the petitioner may file a motion, with service on the opposing party, requesting dismissal and indicating whether the other parties agree. Before joining in a request for dismissal, the parties also should attempt to reach an agreement as to who will pay costs, if any. A motion for dismissal or stipulation of dismissal predicated on mootness may not be acted on by the Clerk. See Northern California Power Agency v. Nuclear Regulatory Comm’n, 393 F.3d 223 (D.C. Cir. 2004). And conditional motions for dismissal or stipulations of dismissal, such as those requesting that the dismissal be without prejudice, will usually be denied by the Clerk.

In a criminal case, counsel must submit a motion to the Court requesting dismissal, with service on opposing counsel. The motion must be accompanied by an affidavit from the appellant, stating that the appellant has been fully informed of the circumstances of the case and of the consequences of a dismissal, and wishes to dismiss the appeal. The affidavit also must recite the appellant's satisfaction with the services of counsel.