Loc. R. Civ. P. 41 — Dismissal of Actions and Approval of Certain Settlements
A published court requirement that applies in New York. Category: Local Rules. Effective January 15, 2026. Verified against the official source (W.D.N.Y. — Rules: Individual, Local & Federal (U.S. District Court, Western District of New York)) on November 3, 2026.
Summary
Loc. R. Civ. P. 41 — Dismissal of Actions and Approval of Certain Settlements: the court's own rule, verbatim from the Local Rules of Civil Procedure, United States District Court for the Western District of New York, effective January 15, 2026 (official PDF, sha-custodied). Court-level requirement: applies in every civil case before the U.S. District Court for the Western District of New York, alongside the Federal Rules of Civil Procedure (the rules are numbered to conform to them) and any judge-specific procedures.
Requirement
(a) Voluntary Dismissal Upon Settlement. When a case is settled, the parties shall, within fourteen (14) days thereafter, file a stipulation of dismissal or other appropriate document (i.e., consent decree). If such document is not timely filed, the Judge may enter an order dismissing the case as settled, without costs, and on the merits. As a matter of discretion, the judge may extend the time for filing. (1) Settlements of Actions on Behalf of Infants or Incompetents. (A) An action by or on behalf of an infant or an incompetent shall not be settled or compromised, voluntarily discontinued, dismissed, or terminated without application to and leave of Court. The proceeding upon application to settle or compromise such an action shall conform, as nearly as possible, to Sections 1207 and 1208 of New York’s Civil Practice Law and Rules. The Judge may, for cause shown, dispense with any New York State requirement. (B) The Judge shall determine whether the application requires a hearing and whether the infant or incompetent, together with their legal representative, must appear at the hearing. (C) The Judge shall authorize payment of a reasonable attorney’s fee and proper disbursements from the amount recovered in such an action, whether realized by settlement, execution, or otherwise, and shall determine such fee and disbursements after due inquiry as to all charges against the fund. (D) The Judge shall order the balance of the proceeds of the settlement or recovery to be distributed pursuant to Section 1206 of New York’s Civil Practice Law and Rules, or upon good cause shown, pursuant to such plan as the Judge deems necessary to protect the interests of the infant or incompetent. (2) Settlements of Actions Brought on Behalf of Decedents’ Estates. (A) Actions brought on behalf of decedents’ estates shall not be settled or compromised, or voluntarily discontinued, dismissed, or terminated, without application to and leave of Court. The application to settle or compromise shall include a signed affidavit or petition by the estate representative and a signed affidavit by the representative’s attorney addressing the following: (i) the circumstances giving rise to the claim; (ii) the nature and extent of the damages; (iii) the terms of the proposed settlement, including the attorney’s fees and disbursements to be paid out of the settlement; (iv) the circumstances of any other claims or settlements arising out of the same occurrence; and (v) the reasons why the proposed settlement is believed to be in the best interests of the estate and distributees. (B) Counsel shall submit a proposed order approving the settlement. (C) The Judge shall determine whether a hearing is necessary. (D) Upon approving the settlement attorney’s fees, and disbursements, the Judge shall direct the estate representative to apply to the appropriate Surrogate of the State of New York, or analogous jurist of another state, for an order of distribution of the net proceeds of the settlement pursuant to Section 5-4.4 of New York’s Estate Powers and Trusts Law or the analogous provision of the appropriate state’s law. (b) Involuntary Dismissal. If a civil case has been pending for more than six (6) months and is not in compliance with the directions of the Judge or a Magistrate Judge, or if no action has been taken by the parties in six (6) months, the Court may issue a written order to the parties to show cause within thirty (30) days why the case should not be dismissed for failure to comply with the Court’s directives or to prosecute. The parties shall respond to the order by filing sworn affidavits explaining in detail why the action should not be dismissed. They need not appear in person. No explanations communicated in person, over the telephone, or by letter shall be accepted. If the parties fail to respond, the Judge may issue an order dismissing the case, or imposing sanctions, or issuing such further directives as justice requires.
Source of truth
(a) Voluntary Dismissal Upon Settlement. When a case is settled, the parties shall, within fourteen (14) days thereafter, file a stipulation of dismissal or other appropriate document (i.e., consent decree). If such document is not timely filed, the Judge may enter an order dis
- Official source
- W.D.N.Y. — Rules: Individual, Local & Federal (U.S. District Court, Western District of New York)
- Source health
- Healthy · checked November 14, 2026
- Effective date
- January 15, 2026
- Last verified
- November 3, 2026benchpath-nyfed-rules-2026-11-03
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