Massachusetts Appellate Procedure
Rule 29: Voluntary Dismissal
(a) Dismissal in the Lower Court. If an appeal has not been docketed, the appeal may be dismissed by the lower 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 Court. If the parties to an appeal or other proceeding shall sign and file with the clerk of the appellate court an agreement that the proceeding be dismissed, specifying the terms as to payment of costs, and shall pay whatever fees are due, the clerk shall enter the case as dismissed, but no rescript or other process shall issue without an order of the appellate court. An appeal may be dismissed on motion of the appellant upon such terms as may be agreed upon by the parties or fixed by the court. The clerk of the appellate court shall promptly notify the clerk of the lower court whenever an appeal in a criminal case is dismissed pursuant to this rule.
(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 clerk of the appellate court forthwith.
Amended May 15, 1979, effective July 1, 1979.