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Rule 46. Dismissing Cases
- 1. At any stage of the proceedings, whenever all parties file with the
Clerk an agreement in writing that a case be dismissed, specifying the terms
for payment of costs, and pay to the Clerk any fees then due, the Clerk,
without further reference to the Court, will enter an order of dismissal.
- 2. (a) A petitioner or appellant may file a motion to dismiss the case,
with proof of service as required by Rule 29, tendering
to the Clerk any fees due and costs payable. No more than 15 days after service
thereof, an adverse party may file an objection, limited to the amount of
damages and costs in this Court alleged to be payable or to showing that
the moving party does not represent all petitioners or appellants. The Clerk
will not file any objection not so limited.
- (b) When the objection asserts that the moving party does not represent
all the petitioners or appellants, the party moving for dismissal
may file a reply within 10 days, after which time the matter will
be submitted to the Court for its determination.
- (c) If no objection is filed—or if upon objection going only
to the amount of damages and costs in this Court, the party moving
for dismissal tenders the additional damages and costs in full within
10 days of the demand therefor—the Clerk, without further reference
to the Court, will enter an order of dismissal. If, after objection
as to the amount of damages and costs in this Court, the moving party
does not respond by a tender within 10 days, the Clerk will report
the matter to the Court for its determination.
- 3. No mandate or other process will issue on a dismissal under this Rule
without an order of the Court.