New York RAP 42(b) Stipulation with prejudice — all cases is a provision in the New York Rules of Professional Conduct that allows a lawyer to withdraw from a case with prejudice. This means that the lawyer is allowed to withdraw from the case and the client is not allowed to bring the same claim against the lawyer in the future. The stipulation also prevents the client from bringing any other claims against the lawyer that are related to the same matter. This type of stipulation is most often used in civil cases, but may be used in criminal cases as well. There are two types of New York RAP 42(b) Stipulation with prejudice — all cases: 1) Unilateral Stipulation and 2) Bilateral Stipulation. In a Unilateral Stipulation, the lawyer withdraws from the case and the client has no right to bring the same claim against the lawyer in the future. In a Bilateral Stipulation, the lawyer and the client agree to the stipulation and the client is not allowed to bring the same claim against the lawyer in the future.
New York FRAP 42(b) Stipulation with prejudice - all cases
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Voluntary Dismissal. (a) Dismissal in the District Court. Before an appeal has been docketed by the circuit clerk, the district 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 the Court of Appeals. (1) Stipulated Dismissal. The circuit clerk must dismiss a docketed appeal if the parties file a signed dismissal agreement specifying how costs are to be paid and pay any court fees that are due. (2) Appellant's Motion to Dismiss.
(1) After the record is filed in the Court of Appeal, the appellant may serve and file in that court a request or a stipulation to dismiss the appeal.
The purpose of the Local Rule 42.1 Stipulation is to enable parties, with the consent of the mediator, to fully explore settlement without incurring the ongoing expenses of briefing.
?With prejudice? means that you cannot re-file your case ever. ?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).