Rule 29 - Voluntary Dismissal(a) Dismissal in the Trial Court. If an appeal has not yet been transmitted to the Appellate Division, it may be dismissed by the trial court upon the filing in that court of a stipulation for dismissal signed by all the parties, or upon motion and notice by the appellant. (b) Dismissal in the Appellate Division. An appeal that has been transmitted to the Appellate Division may be dismissed by the Appellate Division upon the filing in the Appellate Division of a stipulation for dismissal signed by all of the parties, or upon motion and notice by the appellant. The Appellate Division shall notify the clerk of the trial court of such judgment of dismissal as required by these rules. (c) Settlement; Obligation of Appellant. In the event a case is settled or otherwise disposed of while an appeal is pending, it shall be the duty of counsel for the appellant to notify the Appellate Division forthwith. Mass. Dist. Ct. & Mun. Ct. R. 29
Adopted effective 7/1/1994.Commentary
Except for changed references to the "Appellate Division" and the "trial court," section (a) of this rule is virtually the same as section (a) of its Mass.R.A.P. counterpart.
Section (b) is somewhat different in that it does not require an order by the Appellate Division and does not require that the stipulation specify the terms as to payments of costs. Nor does this rule allow the Appellate Division to fix the terms of a dismissal as conditions of granting a motion therefor.
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