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Massachusetts Appellate Procedure Rule 29: Voluntary Dismissal
(a) Dismissal in the Lower Court. If an appeal has not been
docketed, the appeal may be dismissed by the lower court upon
the filing in that court of a stipulation for dismissal signed
by all the parties, or upon motion and notice by the appellant.
(b) Dismissal in the Appellate Court. If the parties to an
appeal or other proceeding shall sign and file with the clerk of
the appellate court an agreement that the proceeding be
dismissed, specifying the terms as to payment of costs, and
shall pay whatever fees are due, the clerk shall enter the case
as dismissed, but no rescript or other process shall issue
without an order of the appellate court. An appeal may be
dismissed on motion of the appellant upon such terms as may be
agreed upon by the parties or fixed by the court. The clerk of
the appellate court shall promptly notify the clerk of the lower
court whenever an appeal in a crimin