Rule 42 - Voluntary Dismissal(a)Stipulated Dismissal. The appellate court must dismiss an appeal or other appellate proceeding if the parties file a signed dismissal agreement specifying how costs will be paid and pay any fees that are due.(b)Dismissal by Motion. The appellate court may dismiss an appeal or other appellate proceeding on the appellant's or petitioner's motion on terms agreed upon by the parties or fixed by the court. The appellant or petitioner must file and serve the motion to dismiss consistent with C.A.R. 25. Any party may file a response within 7 days after service of the motion to dismiss; if any party objects to dismissal, the party may, in the court's discretion, seek reversal, modification, or correction of the judgment. The proceeding will not be dismissed until the time to respond has expired and the court enters an order granting dismissal. No mandate or other process may issue without a court order.Source: Entire rule amended and effective 1/6/2005; amended and adopted by the Court, En Banc, February 24, 2022, effective 7/1/2022.COMMENT
2022
The substance of the last sentence of prior C.A.R. 1(d), entitled "Ground for Reversal, etc.," pertaining to motions to dismiss a proceeding by the appellant or petitioner, has been relocated to subsection (b) of this Rule.