Mass. R. App. P. 29

As amended through October 3, 2024
Rule 29 - Voluntary Dismissal of Appeal or Other Proceeding
(a) Voluntary Dismissal in the Lower Court. Before an appeal has been docketed in the appellate court, the lower court may dismiss the appeal on the filing of a stipulation signed by all the parties or on the appellant's motion with notice to all parties.
(b) Voluntary Dismissal in the Appellate Court.
(1) Civil Cases. If the parties to a civil appeal or other civil proceeding shall sign and file with the clerk of the appellate court a stipulation or motion that the proceeding be dismissed with prejudice, specifying the terms as to payment of costs and attorney's fees, and shall pay whatever fees are due, the clerk shall enter the case as dismissed. An appeal may be dismissed on motion of the appellant on such terms as may be agreed upon by the parties or fixed by the court.
(2) Criminal Cases. A criminal appeal or other criminal proceeding may be dismissed by the appellate court on motion of the appellant, and the clerk shall enter the case as dismissed. If the appellant is the defendant, the motion shall include an affidavit by the defendant, or an attestation by counsel, that the defendant assents to the court's dismissal of the appeal with prejudice. If the motion states that the appeal is moot, an affidavit by the defendant is not required.
(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 the appellant to notify the clerk of the appellate court forthwith.
(d) Notice to Lower Court. The clerk of the appellate court shall promptly notify the clerk of the lower court whenever an appeal is dismissed pursuant to this rule.

Mass. R. App. P. 29

Amended May 15, 1979, effective 7/1/1979; amended October 31, 2018, effective 3/1/2019.