Circuit Rule 42: Voluntary Dismissal in a Criminal Case

In a criminal case, counsel must submit a motion to the court requesting dismissal, with service on opposing counsel. If the appellant was the defendant in district court, 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 must also recite the appellant’s satisfaction with the services of counsel.

See Circuit Rule 27(f) (Dispositive Motions).