On the basis of Article 39 of the Civil Procedure Code of the Russian Federation, the plaintiff has the right to withdraw his statement of claim from the court. This can be done both in writing and orally.
Instructions
Step 1
You can declare your waiver orally in the courtroom during the hearing. In this case, the secretary will make the necessary note in the minutes of the meeting, which you will then need to sign.
Step 2
But it is more competent to withdraw the claim in writing. To do this, you need to write a letter to the court in which your case is being considered. There is no strict form of writing such a statement, but some frameworks should still be adhered to.
Step 3
Write the name of the court to which your application will be sent, and also indicate the address of the location of this institution. It is best to indicate the surname, name, patronymic of the judge who is considering your case. Please also write your details along with your address and contact information. Specify for what reason the claim was sent to the court from your side.
Step 4
Write the name of the document below and state your request. It is advisable to give reasons for the change in your decision regarding the continuation of the consideration of the case. The reasons may vary. For example, you can enter into an amicable agreement with the defendant or find out that he is simply innocent and you have no complaints against him. It is possible that you basically changed your mind to continue the showdown in the courtroom, seeking justice. Of course, the wording of the reasons for withdrawing your claim should be concise and strict. It will not be superfluous if you support your arguments with references to articles of legislation.
Step 5
In the event that the withdrawal of the claim is carried out on the basis of clause 6 of Article 135 of the Civil Procedure Code of the Russian Federation, you have the right to re-file a claim with the court against the same defendant with the same requirements.
Step 6
Please note that if your application to withdraw the claim would be a violation of the rights of third parties, the court will not grant your request.
