Civil procedure

Settlement Agreement

A settlement agreement is the contract in which the parties resolve a lawsuit themselves, usually with a payment and a release of claims.

Most federal civil cases end this way. Terms are frequently confidential and never filed, so the docket may show only a notice of settlement and then a stipulated dismissal, with the substance left off the public record.

Some settlements need the court's blessing. Class actions, cases involving minors, and many wage-and-hour claims require judicial approval so that people who did not negotiate the deal are not bound to a bad one.

Whether the court keeps jurisdiction matters later. If the dismissal order incorporates the settlement terms or expressly retains jurisdiction, a broken promise can be enforced in the same case; if not, enforcement means filing a new breach of contract suit.

How it appears on a docket

NOTICE of Settlement filed by all parties. All pending deadlines are vacated; dismissal papers due within 30 days.

Governing rule

Fed. R. Civ. P. 41(a); 23(e) for class settlements

Related terms

  • Consent DecreeA consent decree is a settlement that the judge signs as a court order, so its terms can be enforced by the court.
  • StipulationA stipulation is a written agreement between the parties about some part of the case, filed so the court can rely on it.

More on civil procedure

See this term in a real case

Search federal court records and read the filings where settlement agreement actually shows up. New to federal dockets? Start with how to find a federal case.