Which of the following is true about voluntary dismissal by stipulation?

• A. Agreement Signed By All Parties Who Have Appeared
• B. Requires Court Approval
• C. Requires Notice To The Other Parties
• D. Requires A Trial Date To Be Set

Answer: (A)

Voluntary dismissal by stipulation rests on the agreement of the parties who have appeared in the case. The action ends when a stipulation of dismissal signed by all parties who have appeared is filed with the court. Because the parties themselves agree, no separate court approval is needed, and no additional notice or trial-date action is required. Typically, the dismissal is without prejudice unless the stipulation (or the court) states otherwise. In short, the defining requirement is that all parties who have appeared must sign the stipulation.