Understanding Stipulation of Dismissal in Federal Court

Let’s talk about one of those complex legal concepts that sounds mind-numbing but is actually an important and relevant concept that college students should know. A comprehensive stipulation of dismissal agreements refers to a written agreement between the parties, or a joint stipulation, to dismiss a case from federal court. The parties file this stipulation with the court, requesting a stipulated dismissal that ends the case at the federal level.

Why Should You Care?

A stipulation of dismissal in federal court is helpful for a variety of reasons. As a student, know the following:

Real Talk

Here’s a real life situation that I experienced. I was writing a series of papers for my master’s degree on tribal law, contracts and the application of the Uniform Commercial Code. I’ll spare you the detailed legalese, but suffice it to say, I needed to look up a significant amount of information for the papers. When I searched for the term “stipulation of dismissal,” I was surprised to find that it led to articles and resources that were mostly aimed at lawyers and the like. It wasn’t until I read the fine print that I realized that few people would actually know what a stipulation of dismissal in federal court was or how to write one. For me, as I was digging into a specialized topic, the relief of finding this useful article was profound. I was able to apply my expanded knowledge of this subject to my research, and to better communicate the results of my findings in my papers. My experience was rather specific, but I just wanted to show other students that even detailed legal terminology matters and there is always a possibility that having this knowledge could come in handy.

De-Jargonized

Even if you’re taking law 101, it can be hard to wrap your mind around and jargon-heavy term like this one. The reality is that a stipulation of dismissal is one of the easiest forms of dismissal. It requires no action other than a written agreement to end the case if both parties agree. The parties have the option to dismiss all or part of the action, and in some cases, the terms can include an issue like the payment of damages or another form of compensation. It may sound complicated, but at its core, if both parties agree to stop considering the issue in federal court, they can write it down and move on with their lives.

Anecdote

Here’s a hypothetical scenario that should help clarify the concept. Let’s say you’re going to Starbucks with a friend. You both see someone litter a piece of paper, and it upsets you both. Not the biggest deal in the world, but definitely obnoxious and bad for the environment. That person who litters causes you to miss your bus and have to walk another two miles home. The next day, you and your friend get together for lunch at Denny’s. She makes a cheeky comment about how she’ll eat too much bacon and develop heart disease because that litterer ruined her walk home. It’s all kind of silly, but that’s how most petty arguments start, right? Eating a pile of heart attack on a plate and getting worked up about a piece of trash might not seem like a good use of your time, but the reality is that every time you see people hold up signs and protest at the state capitol, those people are doing so because something happened that annoyed them to the point of protest.

What does this have to do with any of the earlier stuff? Well, you and your friend could file a case in federal court over the fact that the litter started a domino effect that ruined your day. You could sue for anything from lost wages and time, to parking to buying the health foods you should have eaten instead of bacon. Even if you think this is not possible, it happens more than you think. Since you don’t want to spend the next month in an endless battle over a piece of trash (and neither should the rest of the world), you decide that, if you both agree to stop thinking up new ways to calculate damages, you can sign off on a stipulation of dismissal and walk away from the drama. You’re both still annoyed at the litter, but you feel better knowing that you don’t have to deal with the fact that it ruins your days every time you walk past it on a corner.

Different from Other Dismissals

There are other forms of dismissal, but to most people, these don’t really mean a lot more than a stipulation of dismissal. It’s always best to avoid legal battles whenever possible, and sometimes it’s more about principle than anything else. Most people know that a stipulation of dismissal in federal court is an easy thing to file. Of course, there are instances where a stipulation of dismissal is not appropriate.

Lawyers Make Money

Lawyers need business. Simply put, a lot of them will take on whatever case you have, if it means they can make some money. A good lawyer will give you sound advice and try to keep you out of trouble. A lawyer who just tells you to file a case on a whim and offer to represent you at a set fee (regardless of how long that case may take to go through) might not be acting in your best interest. You can get a great lawyer that can guide you through a case, or you can save the money and agree to dismiss the case with other parties if you can work things out amicably.

How This Relates to Students

As a law student, if you ever have to write a paper, give a speech or discuss a case on a whim, try to keep something like this handy for when you need to explain the general gist of a case without sounding overly academic and like you’re overthinking things. It’s really more for fun than anything else, so if it sounds silly, that’s okay. It’s just a random observation I had about the concept that makes it relevant to a keen college student.

Questions for You

• What do you think about the idea of dismissing a court case just because both parties agree it’s time to move on with their lives?
• If you’ve ever thought some petty issue was worth suing someone over, do you think it’s a stupid idea, or totally justified?
• Would you like to have the opportunity to throw a case out of court, or do you think moving forward like a mature adult is the way to go?