6-1. What if I have settled or wish to dismiss my appeal?

A. Notice of Settlement

1. Filing & Service Requirements

1. Court of Appeal. If you settle a civil appeal in which you are the appellant, you must immediately file a Notice of Settlement with the clerk’s office, and serve it upon opposing counsel. (Cal. Rules of Court, rule 8.244(a).) Click here to download the court's optional local form for a Notice of Settlement, PDF (PDF) (editing note: insert new link to “4DCA3-NoticeSettlement.pdf”) The court may impose sanctions if timely notice of settlement is not given. (Rule 8.276(e)(1)(c).) Such sanctions may include amounts payable to the clerk of the court for the costs to taxpayers for processing the appeal.
2. Superior Court. If you settle a civil appeal before the record has been filed, you also should serve a copy of the notice on the superior court clerk.
3. Telephonic Notice – Oral Argument. If you settle or dismiss a case that either has been calendared for oral argument you must telephone the clerk’s office immediately at (714) 558-6777 in addition to filing a written Notice of Settlement.
4. Telephonic Notice – Settlement Conference. If you settle or dismiss a case that has been scheduled for a settlement conference, you must telephone the settlement conference clerk immediately at (714) 564-3605 in addition to filing a written Notice of Settlement.
5. Stipulated Requests for Reversal. You don’t have to file a Notice of Settlement if you are filing a stipulated request for reversal under Code of Civil Procedure section 128(a)(8). (See Rule 8.244(a)(5).)

2. 45-Day Rule; Extension Requests

1. Within 45 days of the notice of settlement, you must do one of the following: (1) file an abandonment of appeal (if the record has not been filed); (2) file a request to dismiss, or a stipulated request for dismissal; (3) send a letter to the court stating good cause why you did not file either of these documents to effectuate your settlement. If you do not comply, the court may dismiss the appeal on its own. (Rule 8.244(a).)
2. Extension Requests
1. Under Rule 8.244(a), the court may extend your time to file an abandonment or request to dismiss on a showing of good cause. This may occur, for example, if your settlement agreement conditions dismissal of the appeal on the satisfactory completion of specified terms that are not to be performed within 45 days of the date of the settlement.
2. If your settlement calls for performance beyond the 45-day period, you should file a stipulated request for an extension of time under Rule 8.244(a) at the same time as you file a Notice of Settlement. The stipulated request should contain a date certain on which the request for dismissal will be filed.
3. The court’s optional local form for Notices of Settlement contains an extension request. Click here to download the court's optional local form for a Notice of Settlement, PDF

B. Voluntary Abandonment or Settlement of Appeals Before Record Is Filed (Rule 8.244(b)(1).)

Before the record on appeal has been filed, you must file a written abandonment by appellant or stipulation for abandonment with the clerk of the superior court, who will then forward it to this court.

C. Voluntary Abandonment or Settlement of Appeals After Record Is Filed (Rule 8.244(c)(1).)

1) After the record has been filed, you must file a written request or stipulation for dismissal with the clerk of the Court of Appeal. If you stipulate with the other parties to dismiss the appeal, the parties may stipulate that each side shall bear its own costs on appeal. If there is no such stipulation, respondent will be awarded costs. The remittitur will be issued forthwith. (Rule 8.244(c)(1).)

2) Click here for a local form for a Stipulated Request for Dismissal, where each side bears its own costs on appeal.

D. Dismissals of Appeals Without Prejudice.

The court will not dismiss an appeal without prejudice, even if you stipulate with the other side to request such a dismissal. All dismissals, whether voluntary or involuntary, are with prejudice.

E. Judicial Council Forms

1. You may use Judicial Council Form APP-005 for an abandonment of appeal.
   • Click here for Form APP-005 (Abandonment of Appeal) in PDF format
   • Click here for a fillable version of Form APP-005
2. You may use Judicial Council Form APP-007 for a request for dismissal of appeal. If you use form APP-007, the court will award costs on appeal to the respondent.
   • Click here for Form APP-007 (Request for Dismissal of Appeal) in PDF format
   • Click here for a fillable version of Form APP-007