Rule 37. Suggestion of mootness; voluntary dismissal.
(a) Suggestion of
mootness. Any party aware of
circumstances that render moot one or more of the issues presented for review
must promptly file a “suggestion of mootness” in the form of a motion under
Rule 23.
(b) Voluntary dismissal. At any time prior to the issuance of a decision an
appellant may move to voluntarily dismiss an appeal or other proceeding. If all
parties to an appeal or other proceeding agree that dismissal is appropriate
and stipulate to a motion for voluntary dismissal, the appeal will be promptly
dismissed. The stipulation must specify the terms as to payment of costs and
fees, if any.
(c) Affidavit or
declaration. If the appellant
has the right to effective assistance of counsel, a motion to voluntarily
dismiss the appeal for reasons other than mootness must be accompanied by
appellant’s personal affidavit or unsworn declaration as described in Title
78B, Chapter 18a, Uniform Unsworn Declarations Act, demonstrating that the
appellant’s decision to dismiss the appeal is voluntary and is made with
knowledge of the right to an appeal and the consequences of voluntary
dismissal. If counsel for the appellant is unable to obtain the required
affidavit or declaration from the appellant, the motion must be accompanied by
counsel’s affidavit or declaration stating that, after reasonable efforts,
counsel is unable to obtain the required affidavit or declaration and
certifying that counsel has a reasonable factual basis to believe that the
appellant no longer wishes to pursue the appeal.
Effective
June 9, 2020 under Rule 11-105