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Rule 42: Voluntary Termination or Dismissal

If the parties file with the Clerk a motion to terminate a matter (other than an application for attorney fees and expenses) based upon a settlement agreement to be effective upon the Court's termination of the case, the Clerk may enter the case terminated. On motion of the appellant or petitioner for dismissal, the Clerk may dismiss an appeal, petition, or application for attorney fees and expenses on terms requested by the appellant or petitioner, agreed upon by the parties, or previously fixed by the Court.


Practitioner's Note: The parties should consider waiving further Court review or appeal to the U.S. Court of Appeals for the Federal Circuit in their joint motion for remand or voluntary dismissal. See Rule 41(c)(2).

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