What is a joint stipulation for dismissal with prejudice?

A joint stipulation for dismissal with prejudice is a legal document that allows parties involved in a lawsuit to dismiss their case in a mutually agreed manner. This stipulation indicates that the case is closed and cannot be refiled in the future. Each party agrees to bear their own costs associated with the action, meaning that none of the parties will seek reimbursement for legal fees or other expenses from each other.

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Stipulation for Dismissal

Stipulation to Dismiss

Sample Stipulated Motion to Dismiss Without Prejudice

Joint Motion for Judgment of Dismissal With Prejudice

Who should use this form

This form is typically used by parties in a legal dispute who wish to formally conclude their case without further court proceedings. It is ideal for individuals or entities that have reached a settlement or agreement and wish to ensure that the case is permanently dismissed. People involved in civil lawsuits, including personal injury claims, contract disputes, or other civil cases, may find this stipulation applicable.

Key components of the form

The joint stipulation for dismissal with prejudice typically includes the following components:

The names of the parties involved: Identifies both the plaintiff and the defendant.
Case details: References the case number and the court where the case is filed.
Joint agreement: An explicit statement indicating that both parties agree to dismiss the case.
Cost allocation: A clause stating that each party will cover their own legal expenses.
Signatures: The signatures of the attorneys or parties involved.

Common mistakes to avoid when using this form

When using a joint stipulation for dismissal with prejudice, it is essential to avoid several common mistakes:

Incomplete information: Ensure all parties' names and case details are accurately filled out.
Omitting signatures: Both parties must sign the stipulation; otherwise, it may be considered void.
Misunderstanding cost implications: Be clear that each party will not recover costs; misunderstandings can lead to future disputes.

What to expect during notarization or witnessing

While a joint stipulation for dismissal with prejudice may not require notarization in all jurisdictions, if it does, here is what to expect:

Presence of a notary: A licensed notary public must be present to witness the signing of the document.
Identification: Parties may need to present valid identification to verify their identities before signing.
Notary's signature and seal: The notary will sign and affix their seal, verifying the authenticity of the signatures on the document.