(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.
(As amended Apr. 24, 1998, eff. Dec. 1, 1998.)
Notes of Advisory Committee on Rules—1967
Subdivision (a). This subdivision is derived from FRCP 73 (a) without change of substance.
Subdivision (b). The first sentence is a common provision in present circuit rules. The second sentence is added. Compare Supreme Court Rule 60.
Committee Notes on Rules—1998 Amendment
The language of the rule is amended to make the rule more easily understood. In addition to changes made to improve the understanding, the Advisory Committee has changed language to make style and terminology consistent throughout the appellate rules. These changes are intended to be stylistic only.
Committee Notes on Rules—2022 Amendment
- Taxonomy upgrade extras