New York Stipulation Discontinuing Action is a type of legal action brought by a party in a lawsuit in which they seek to discontinue or dismiss the lawsuit. This action is available in civil and criminal cases in New York. There are three types of New York Stipulation Discontinuing Action: (1) Voluntary Discontinuance, (2) Dismissal with Prejudice, and (3) Dismissal without Prejudice. Voluntary Discontinuance is a type of New York Stipulation Discontinuing Action where the party initiating the lawsuit voluntarily discontinues the action without a judgment from the court. This is often done in order to avoid the expense and time of a trial and possible appeals. Dismissal with Prejudice is a type of New York Stipulation Discontinuing Action in which the plaintiff dismisses their case and is barred from refiling the same action against the defendant. This type of discontinuance action is considered to be a final judgment in favor of the defendant, and the plaintiff is not allowed to re-file the same claim against the defendant. Dismissal Without Prejudice is a type of New York Stipulation Discontinuing Action in which the plaintiff dismisses their case without prejudice, meaning the plaintiff may refile the action at a later date. This type of discontinuance action is often used when the plaintiff needs additional time to assemble evidence or when the parties have settled the case out of court.
New York Stipulation Discontinuing Action
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WHAT IS A STIPULATION OF DISCONTINUANCE? If a borrower settles a foreclosure action with his or her lender, the parties will sign a stipulation of discontinuation to end the foreclosure action. Lawyers call it a ?stip.? The stip gets filed with the Court to complete the case.
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.
With Prejudice or Without Prejudice If an action is terminated with prejudice, this means that the lawsuit is terminated with finality and that the case cannot be refiled. If an action is discontinued without prejudice, this usually means that the lawsuit can be refiled at a later time.
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.
A case dismissed with prejudice is over and done with, once and for all, and can't be brought back to court. A case dismissed without prejudice means the opposite. It's not dismissed forever.
The court cannot discontinue a case without proper documentation, without all parties of the case agreeing that the case is over. 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.
The court will keep the case open, schedule conferences, and will want to know what is happening with the case. However, when everyone participates and signs off on this discontinuance document that says the case is over, then only the court will close that case file, and nobody can reopen that case after that.
It officially lets the court know that the case is over and they can close the court file. In a wrongful death case or in a case involving a child, the attorneys are prohibited from filing this document until the court gives the lawyer official permission to go ahead and file it.