What is the filed instrument used to conclude a case or discontinue a claim with the court?

• A. Stipulation of discontinuance
• B. Notice of Appearance
• C. Return Date
• D. Affidavit

Answer: (A)

The act being tested is ending a civil case through a written agreement that is filed with the court. A stipulation of discontinuance is a document signed by the parties (often with their counsel) that they consent to discontinue the action or a particular claim, and it is then filed with the court. Once it’s filed, the case is effectively ended in the court record, typically “with prejudice” if the parties intend never to bring the claim again, or “without prejudice” if they reserve the right to refile. This is distinct from a notice of appearance, which merely informs the court that a lawyer will represent a party in the case; a return date, which sets a court date for appearances or conferences; and an affidavit, which is a sworn statement used to support motions or other filings but does not end the case by itself.