Sample Stipulation Of Discontinuance New York

Category:

Civil Procedure - Dismissals - Stipulations

State:

Multi-State

Control #:

US-01600

Format:

Instant download

Description

The Sample Stipulation of Discontinuance for New York is a legal document used to formally dismiss a complaint in a court case without prejudice, allowing the plaintiff to refile the case in the future if desired. Key features of this form include the identification of the plaintiff and defendant, court jurisdiction, and compliance with specific rules of civil procedure. Filling the form requires entering the names of the parties involved, the case number, and referencing the appropriate rule under which the dismissal is filed. Attorneys, partners, owners, associates, paralegals, and legal assistants find this form useful in streamlining the dismissal process, allowing for efficient case management. Additionally, it serves to clarify the intent to discontinue the action while preserving the plaintiff's rights for potential future litigation. This stipulation also aids in reducing court congestion by settling matters amicably between the parties. Legal professionals can use this form to enhance their practice's efficiency and ensure compliance with procedural requirements.

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FAQ

?Without prejudice? means that you can re-file your case at a later date (as long as you are still within the statute of limitations).

In any discontinued action, the attorney for the plaintiff shall file a stipulation or statement of discontinuance with the clerk of the court within 20 days of such discontinuance.

The stipulation of discontinuance is signed by the plaintiff stating the case is now over, and the defense also signs it before filing it with the court.

This document must then be signed by all the attorneys in the case which confirms that the case has been ended voluntarily. In New York, this document must be filed in court together with a filing fee. It officially lets the court know that the case is over and they can close the court file.

Except as provided in subdivision (a), an action shall not be discontinued by a party asserting a claim except upon order of the court and upon terms and conditions, as the court deems proper.