Rule 26 - Voluntary Dismissal(a)Dismissal by the Superior Court. If the appellate clerk has not assigned an appellate case number under Rule 12(a), the superior court may dismiss an appeal on the filing of a stipulation by all parties, or on the appellant's motion with notice to all parties.(b)Dismissal by the Appellate Court. An appellate clerk may dismiss an appeal if the parties pay whatever appellate court fees are due and file a signed stipulation requesting dismissal and specifying the terms for payment of costs. The appellate clerk, however, may not issue a mandate or other process without an order from the appellate court. The appellant also may file a motion to dismiss the appeal, which the appellate court may grant on terms agreed upon by the parties or as determined by the appellate court.Ariz. R. Civi. app. proc. 26
Amended Sept. 2, 2014, effective 1/1/2015.APPLICATION
<The Jan. 1, 2015 amendment is applicable to all appeals filed on or after Jan. 1, 2015, as well as all other appeals pending on that date, except when application would not be feasible or would work an injustice, so that the former rule will be applied.>
HISTORICAL NOTES
Source:
Fed.Rules Civ.Proc., Rule 73(a), 28 U.S.C.A.
Code 1939, Supp.1952, § 21-1802.
Rules Civ.Proc., former Rule 73(c).