How To Take A Statement Of Claim From The Court

Table of contents:

How To Take A Statement Of Claim From The Court
How To Take A Statement Of Claim From The Court

Video: How To Take A Statement Of Claim From The Court

Video: How To Take A Statement Of Claim From The Court
Video: Statement of Claim in a Civil Action in Ontario: Basics for Beginners 2024, April
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The plaintiff has the right to withdraw the statement of claim at any stage of civil proceedings, up to the court's decision on the case in the first instance, that is, on the merits.

How to take a statement of claim from the court
How to take a statement of claim from the court

Instructions

Step 1

In order to withdraw the statement of claim from the court, you must declare this in writing. Fill out an appropriate statement in which you state your request to waiver the filed claim (a sample of such a statement can be found on the Internet or ask the judge's secretary, or use the help of a lawyer) if you want to make such a waiver before the start of the trial.

Step 2

Then submit your application to the court secretariat and wait for a court order on the results of its consideration. You can get this decree on purpose, or it will be sent by mail to your home address. If the claim is abandoned before it is accepted by the court for consideration, the application itself with all the documents attached to it must be returned to you. The law allows you to go to court again with the same statement of claim against the same defendant at any time convenient for you.

Step 3

Waiver of claims at the preliminary hearing stage, or in the course of court proceedings is possible if you file a corresponding petition (its sample can also be found on the Internet or obtained from the judge's secretary, or use the help of a lawyer when drafting it).

Step 4

Then, state your petition during the court hearing, and wait for a court order on the basis of its consideration. The ready-made judgment will be available on the same day. Please be aware that waiver of a claim at the preparatory or litigation stage deprives you of the right to re-file the same claim against the same defendant in the future. The court issues an order to dismiss the case.

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