[Your Name] [Your Address] [City, State, ZIP] [Client's Name] [Client's Address] [City, State, ZIP] [Date] Subject: Stipulation of Dismissal for [Case Name/Number] Dear [Client's Name], I hope this letter finds you in good health and high spirits. I am writing to provide you with important updates regarding your case, [Case Name/Number], pending in [Court Name] in the state of Kansas. After careful consideration and thorough discussions with the opposing party's counsel, it has come to my attention that pursuing further legal action in this matter may not be in your best interest. Therefore, I am pleased to inform you that a stipulation of dismissal has been proposed and agreed upon by both parties involved in the case. A stipulation of dismissal is a legal document that signifies the mutual agreement to dismiss the case, with prejudice or without prejudice. In our case, it has been agreed that the dismissal will be made with prejudice, meaning that the case will be permanently closed, barring any future legal action on the same matter. This agreement has been reached after careful evaluation of the evidence, risks, potential outcomes, and your best interests. By agreeing to the stipulation of dismissal, you are effectively releasing any claims, counterclaims, or liabilities associated with the case, bringing the matter to a conclusion. The stipulation of dismissal will be filed with the court in the near future, and upon its acceptance, the case will officially be closed. Please note that filing the dismissal does not absolve any outstanding financial obligations, if applicable, between you and the opposing party. Therefore, it is essential to resolve any pending financial matters, per the terms agreed upon, before the dismissal is filed. While the dismissal with prejudice marks the end of this particular legal matter, please remember that I am here to assist you in any future legal needs or concerns that you may have. If you require further clarification or have any questions regarding the stipulation of dismissal, please do not hesitate to reach out to me at [Your Phone Number] or [Your Email Address]. Thank you for entrusting me with your legal representation, and I am grateful for your cooperation throughout this process. I will keep you updated on the progress of the stipulation of dismissal and ensure that all necessary paperwork is filed promptly. Best regards, [Your Name] [Your Title/Position] [Law Firm Name]
Kansas Sample Letter to Client regarding Stipulation of Dismissal
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FAQ
The motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.
Rule 5.04 - Voluntary Dismissal (a) Voluntary Dismissal; When Allowed; Effect. Before an opinion is filed, an appellant may dismiss an appeal by stipulation or by filing with the clerk of the appellate courts and serving on all parties a notice of dismissal.
(2) On its own, the court may dismiss a case without prejudice for lack of prosecution, but only after notice to counsel of record, not less than 14 days prior to the intended dismissal, that an order of dismissal will be entered unless cause is shown for not doing so.
A party shall have twenty-one (21) days to respond to a motion to dismiss or for summary judgment. The party may, within fourteen (14) days after the service of such response in opposition upon him, file an original with the clerk and serve upon all other parties a copy of a written reply memorandum.
A Motion to Dismiss is a formal document that would be filed in an court of law, usually soon after a case is brought to court. A Motion to Dismiss is essentially a request to have a case removed from court, or thrown out.
