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Rule 37. Suggestion of mootness; voluntary dismissal.

(a) Suggestion ofmootness. Any party aware ofcircumstances that render moot one or more of the issues presented for reviewmust promptly file a ?suggestion of mootness? in the form of a motion underRule 23.

(b) Voluntary dismissal. At any time prior to the issuance of a decision anappellant may move to voluntarily dismiss an appeal or other proceeding. If allparties to an appeal or other proceeding agree that dismissal is appropriateand stipulate to a motion for voluntary dismissal, the appeal will be promptlydismissed. The stipulation must specify the terms as to payment of costs andfees, if any.

(c) Affidavit ordeclaration. If the appellanthas the right to effective assistance of counsel, a motion to voluntarilydismiss the appeal for reasons other than mootness must be accompanied byappellant?s personal affidavit or unsworn declaration as described in Title78B, Chapter 18a, Uniform Unsworn Declarations Act, demonstrating that theappellant?s decision to dismiss the appeal is voluntary and is made withknowledge of the right to an appeal and the consequences of voluntarydismissal. If counsel for the appellant is unable to obtain the requiredaffidavit or declaration from the appellant, the motion must be accompanied bycounsel?s affidavit or declaration stating that, after reasonable efforts,counsel is unable to obtain the required affidavit or declaration andcertifying that counsel has a reasonable factual basis to believe that theappellant no longer wishes to pursue the appeal.

EffectiveJune 9, 2020 under Rule 11-105