Rule 41 of the Mississippi Rules of Civil Procedure allows the parties to dismiss a case without getting an order signed by the Court. I normally prefer to do an order, but the Rule does not require it. The Rule provides as follows:
(a) VoluntaryDismissal Effect Thereof.
(1) By Plaintiff By Stipulation. Subject to the provisions of Rule 66, or of any statute
of the State of Mississippi, and upon the payment of all costs, an action may be dismissed by
the plaintiff without order ofcourt:
(i) by filing a notice of dismissal at any time before service by the adverse partyof
an answer or ofa motion for summary judgment, whichever first occurs; or
(ii) by filing a stipulation of dismissal signed by all parties who have appeared in the
Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is
This can be a good option when parties want a case to end immediately upon the reaching of an agreed upon settlement once the money exchanges hands.