New York State Court Assistant Legal Terminology Practice Test

The instrument used to end a case or abandon a claim is a stipulation of discontinuance. It is a written agreement, signed by all parties or their attorneys, to withdraw the action and stop further court proceedings. When this agreement is filed with the court and, if required, approved by the judge (often “so-ordered”), the case or specific claims are terminated. The language may specify that the dismissal is with prejudice (you can’t sue again on the same claim) or without prejudice (you may refile later), depending on the terms and rules. This stands in contrast to a return date, which is simply a scheduled court date; an affidavit, which is a sworn statement used to support or oppose motions; and a notice of appearance, which is just notice that a particular attorney represents a party. None of those actions ends the case like a stipulation of discontinuance does.