Appeal Withdrawal Letter: Sample, Filing, and Service

An appeal withdrawal letter is the document you file to voluntarily end your own appeal, and once the court accepts it, the lower court’s original decision becomes final. In federal court, this is governed by Federal Rule of Appellate Procedure 42, which uses the term “voluntary dismissal”; many administrative agencies use “withdrawal” for the same act.¹ The form of the letter, and whether the other side has to sign it, depends on where your appeal is in the process.

What the Letter Must Contain

Every appellate filing needs a caption at the top of the first page showing the name of the appellate court, the full case name, and the case number assigned by the court.² The case number is how the clerk tracks your file, and leaving it off slows processing.

The body has to say clearly that you are voluntarily dismissing (or withdrawing) your appeal.² No magic language is required, but hedged phrasing like “I’m thinking about dropping the case” is not enough. State plainly that you voluntarily dismiss the appeal and do not intend to proceed. If you are filing a motion rather than a stipulated agreement signed by both sides, briefly state the grounds, because federal rules require motions to identify the relief sought.³

Close with “Respectfully Submitted” or similar, then sign and print your name, address, phone number, and the date. Every document filed in an appellate court also needs proof of service showing you delivered a copy to the other parties. The proof must state the date and method of service, the names of the people served, and their addresses.⁴

Sample Appeal Withdrawal Letter

Adjust the formatting for any local rules your court requires. If both sides have agreed, replace the motion language with a signed stipulation and add the cost-allocation terms.

[CAPTION]
IN THE UNITED STATES COURT OF APPEALS
FOR THE [NUMBER] CIRCUIT

[Your Name], Appellant,
v.
[Opposing Party Name], Appellee.

Case No. [XX-XXXXX]

MOTION FOR VOLUNTARY DISMISSAL

Appellant [Your Name] respectfully moves this Court, pursuant to Federal Rule of Appellate Procedure 42(b), for an order dismissing this appeal.

In support of this motion, Appellant states that [he/she/they] voluntarily seek(s) dismissal of this appeal and do(es) not intend to proceed further with the matter. [If applicable: The parties have agreed to the terms of dismissal, including the allocation of costs, as set forth in the attached stipulation.]

WHEREFORE, Appellant respectfully requests that this Court enter an order dismissing this appeal.

Respectfully Submitted,

____________________________
[Your Full Name]
[Your Address]
[City, State, ZIP]
[Phone Number]
[Email Address]
Date: [Month Day, Year]

CERTIFICATE OF SERVICE

I certify that on [date], I served a copy of this Motion for Voluntary Dismissal on the following by [method — e.g., first-class mail, electronic filing, or other permitted method]:

[Name of Opposing Counsel or Party]
[Address or Email]

____________________________
[Your Signature]

The template follows the general requirements of Federal Rule of Appellate Procedure 42(b).¹ The certificate of service satisfies the proof-of-service requirement under Rule 25(d) by identifying the date, method, and recipients.⁴ Courts that accept electronic filing through CM/ECF may generate the certificate of service automatically when you file.

Does the Other Side Have to Sign?

It depends on when you are filing. Before the circuit clerk dockets the appeal, the district court can dismiss it either on your motion with notice to all parties, or on a stipulation signed by all parties.¹

Once the appeal is docketed at the court of appeals, you have two options. If both sides agree, file a signed dismissal agreement that specifies how costs will be paid, along with any outstanding court fees; the circuit clerk must grant this type of stipulated dismissal as long as those requirements are met.¹ If the other side will not agree, or you would rather act alone, file a motion to dismiss. The court then sets the terms, which means you have less control over cost allocation than in a signed stipulation.

If your dismissal is tied to a settlement and you want anything beyond simply ending the appeal, such as vacating the lower court’s decision or remanding the case, you need a court order rather than a stipulation, even if both sides agree.¹

How to File and Serve It

File the letter or motion with the clerk’s office of the court currently handling the appeal. Most federal appellate courts allow electronic filing through CM/ECF, and some require it for represented parties. If you are unrepresented, you can typically file by mail or deliver the document in person. When mailing, use a trackable method so you can prove when the court received it.

You must serve every other party at or before the time you file. Acceptable methods include personal delivery, mail, commercial carrier for delivery within three days, or electronic service if the recipient has consented in writing. If the other side has a lawyer, serve the lawyer rather than the party directly. Service by mail is complete on the date you deposit it in the mail; electronic service is complete on filing or sending.⁴

Keep copies of everything you file, the certificate of service, and any confirmations or delivery receipts. Those records establish the date the appeal ended, which matters for deadlines tied to the finality of the underlying judgment.

What Happens After the Court Accepts It

The trial court’s or agency’s original decision stands as if the appeal had never been filed.⁵ Once the appellate court accepts the dismissal, the underlying judgment is final and enforceable. If money was owed under it, collection can begin immediately. If the decision imposed an obligation or restriction, it takes full effect.

You generally cannot refile the same appeal. The appeal period ran when you originally filed, and dismissing does not restart the clock. The original decision is treated as final, and res judicata bars relitigating the same claims between the same parties.

On costs, federal rules allocate taxable court costs against the appellant when an appeal is dismissed, unless the parties agree otherwise or the court orders a different arrangement.⁶ “Costs” means items like filing fees and printing expenses for the record, not attorney’s fees. If you are filing a stipulated dismissal, the signed agreement must specify how those costs are divided; it is a required element.¹ Filing fees you have already paid are generally not refundable.

Administrative Appeals Use a Different Process

If your appeal is with a federal agency rather than a court, the rules are separate and often simpler. Some agencies require only a written, signed statement saying you want to withdraw and do not intend to proceed.⁷ Others let you withdraw at any time before the reviewing official issues a decision, provided you notify both the official and all other participants in writing.⁸

One difference matters when you decide whether to withdraw. Some agency dismissals are “without prejudice,” which technically allows refiling, but only within the original filing deadline; the withdrawal does not extend or restart that deadline.⁸ In immigration proceedings, the result is more definitive: the immigration judge’s original decision becomes immediately final as if no appeal had been filed.⁵ Because agency rules vary, check the specific regulations governing your appeal before you send the withdrawal.

1
Legal Information Institute. Fed. R. App. P. 42 – Voluntary Dismissal
2
U.S. Court of Appeals for the Federal Circuit. Guide for Unrepresented Parties
3
United States Court of Appeals for the Fourth Circuit. Fed. R. App. P. 27 – Motions
4
Legal Information Institute. Fed. R. App. P. 25 – Filing and Service
5
Executive Office for Immigration Review. EOIR Policy Manual – Withdrawing an Appeal
6
Legal Information Institute. Fed. R. App. P. 39 – Costs
7
eCFR. 42 CFR 405.952 – Withdrawal or Dismissal of a Request for a Redetermination
8
eCFR. 25 CFR Part 2 Subpart E – Deciding Appeals