E. PRACTICE ON APPEAL

216

Rule 15: Voluntary Dismissal.

(a) Where to File Dismissal.  An appeal may be dismissed by filing in the appellate court a stipulation for dismissal signed by all parties or on motion and notice by appellant. Any party wanting to litigate appellate issues despite dismissal of the original appeal must provide notice of such intent in a response to the motion to dismiss. A copy of the dismissal shall be filed by the clerk of the appellate court with the clerk of the trial court. If the record has not been filed with the clerk of the appellate court, the clerk of the trial court shall file a copy of the appeal bond with the clerk of the appellate court.

(b) Dismissal After Permission to Appeal Granted.  If an application for permission to appeal has been granted under Rule 11 and all parties thereafter wish to have the appeal dismissed, the appellant shall file a motion and proposed order with the clerk of the Supreme Court.

(c) Dismissal Contingent on Settlement Agreement.  If the parties agree to settle a case on appeal and the settlement agreement is subject to the approval of the trial court, the parties shall file a motion in the appellate court asking the court to remand the case to the trial court for the limited purpose of considering the proposed settlement. If the trial court approves the settlement upon remand, the parties jointly shall file in the appellate court a motion to dismiss the appeal; the motion shall provide for the assessment of costs on appeal and shall be accompanied by a copy of the settlement agreement and the trial court’s order approving that settlement. If the trial court disapproves the settlement, the appellant shall file a notice in the appellate court stating that the trial court disapproved the settlement, in which case the appeal shall proceed under these rules. A motion to dismiss the appeal based upon the trial court’s approval of a settlement or a notice of the trial court’s disapproval shall be filed within 30 days of the trial court’s order.

[As amended by order entered January 23, 1986, effective August 1, 1986; and by order entered February 12, 1986; and by order effective July 1, 1996; by order effective July 1, 1997; and by order effective July 1, 1998, and by order effective July 1, 2002, and by order filed January 31, 2003, effective July 1, 2003.]

Advisory Commission Comment [2002].

See internal rule 11 of the Court of Criminal Appeals as it applies to defendants in criminal cases.

The new second sentence in Rule 15(a) provides a procedure for keeping some appellate issues viable despite the original appellant’s dismissal.

Advisory Commission Comment [2003].

New paragraph (c) states the procedure for dismissing an appeal that is subject to the trial court’s approval.

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