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Settlement Forms & Precedents

An accepted offer or minutes of settlement form a contract that can bring contemplated or active litigation to an end.

RULE 49 OFFERS TO SETTLE

Plaintiff offer to settle – basic

Plaintiff offer to settle – robust

Defendant offer to settle – dismissal or discontinuance only

Defendant offer to settle – where defendant makes a payment

MINUTES OF SETTLEMENT

To settle a Court action (after a Court case has started)

To settle a disagreement (pre-litigation)

RELEASES

One way full and final release (one party releases the other)

Mutual full and final release (all parties release one another)

DISCONTINUANCE or DISMISSAL

Consent discontinuance without costs (avoids $320 filing fee)

Consent motion to dismiss without costs

ADDITIONAL COURT FORMS & PRECEDENTS

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