Voluntary dismissal of appeal or other proceeding

(2019) Rule 29(a) was revised to improve clarity. No substantive change was intended. Rule 29(b) . The title of this subdivision was amended to include the word “voluntary” to more accurately reflect the substance of the subdivision. Rule 29(b) was divided into two separate paragraphs, one addressing voluntary dismissal in civil cases and another addressing voluntary dismissal in criminal cases, because the processes differ. Rule 29(b)(2) provides that although a criminal appeal or other proceeding may be voluntarily dismissed, if the appellant is the defendant, an affidavit by the defendant or an attestation by counsel is required stating that the defendant assents to the dismissal of the appeal with prejudice. This language is consistent with existing practice. Rule 29(d) is a new subdivision that requires the appellate court clerk to notify promptly the lower court when an appeal is dismissed pursuant to Rule 29. Under prior Rule 29(b) , such a requirement was only applicable in a criminal case. Further organizational and stylistic revisions were made to this rule in 2019 in accordance with a global review and revision of all of the Appellate Rules. These revisions are described in the 2019 Reporter’s Notes to Rule 1 . With regard to the preparation of the 2019 Reporter’s Notes to this Rule, see the first paragraph of the 2019 Reporter’s Notes to Rule 1 . For an overview of the 2019 amendments to the Rules and a summary of the global amendments to the Rules, see 2019 Reporter’s Notes to Rule 1, sections I. and II . (1979) Rule 29 is changed only in that paragraph (b) of Rule 29, governing dismissal of an appeal in the appellate court, now provides for notification of the clerk of the lower court by the clerk of the appellate court whenever an appeal in a criminal case is dismissed in the appellate court. (1973) Appellate Rule 29, based on F.R.A.P. 42, is a housekeeping measure regulating voluntary dismissal of appeals and the settlement of cases. Appellate Rule 29(c) is designed to ensure that the court is kept informed of any out-of-court disposition.