Voluntary dismissal

Except for changed references to the "Appellate Division" and the "trial court," section (a) of this rule is virtually the same as section (a) of its Mass. R.A.P. counterpart. Section (b) is somewhat different in that it does not require an order by the Appellate Division and does not require that the stipulation specify the terms as to payments of costs. Nor does this rule allow the Appellate Division to fix the terms of a dismissal as conditions of granting a motion therefor.