Rule 42 Voluntary Dismissal
Article VII: General Provisions
Rule Text
(a) Dismissal in the Superior Court. Before an appeal has been docketed by the Clerk, the Superior Court may dismiss the appeal on the filing of a stipulation signed by all parties or on the appellant’s motion with notice to all parties.
(b) Dismissal in this Court. The Clerk may dismiss a docketed appeal if the parties file a signed dismissal agreement specifying how costs are to be paid and pay any fees that are due. But no mandate or other process may issue without a Court order. An appeal may be dismissed on the appellant’s motion on terms agreed to by the parties or fixed by the Court.
(c) Voluntary Dismissals in Criminal Appeals. Motions or stipulations for voluntary dismissals of criminal appeals shall, if made or joined in by counsel for appellant, be accompanied by appellant’s written consent thereto, or counsel’s explanation of why appellant’s consent was not obtained.