The plaintiff has the right to withdraw his statement of claim at any time. There is no need to explain the motives of such actions to the court. As a rule, such a need arises in the case of voluntary satisfaction of claims by the defendant. Depending on the stage at which the consideration of the case is, it is possible to withdraw the statement of claim in the following way.
Instructions
Step 1
Send to the court an application for the return of the statement of claim. If the ruling on acceptance of the claim has not yet been made, the judge returns the statement of claim along with all the attached documents. At the same time, he prepares a motivated determination and issues a certificate for the return of the state duty from the budget. In such a situation, the plaintiff retains the right to go to court with such a claim again.
Step 2
To file a motion to the court to dismiss the claim at any time of the consideration of the case before the court is removed to the deliberation room for making a decision. The petition can be stated in writing or orally with the entry into the minutes of the court session. The plaintiff certifies the fact of rejection of the claim by his signature. The court approves the waiver of the claim, if the rights of third parties are not violated, terminates the proceedings. If the claim is abandoned, the applicant loses the right to reapply to the court.
Step 3
Do not appear in court twice. In this case, the court leaves the statement of claim without consideration, and does not return the documents. In this case, the plaintiff has the right to go to court again on the same subject.
