Not every lawsuit filed in court ends in a trial. Thus, the court may refuse to proceed with the case, and the plaintiff may withdraw his claims. There are many reasons why the plaintiffs refuse the previously presented claims: from the loss of interest in resolving the issue to the adoption of an amicable agreement by the parties. At what stage of the proceedings the applicant decides to withdraw the claim, the procedure for cancellation will depend.
Instructions
Step 1
It should be noted that the possibility to withdraw the claim from the plaintiff exists throughout the entire process of proceeding on the application, up to the moment the court makes a decision on it. If the decision has already been made, it is impossible to annul it by waiver of the claim. Also, the law does not allow the withdrawal of a statement of claim, which would entail a violation of the legislative norms of the Russian Federation or an infringement of the rights of third parties (for example, when the claims affect the interests of the child).
Step 2
If you want to pick up the statement of claim, it is necessary to find out whether the court issued a ruling on its acceptance into court proceedings. If such a determination has not yet been made, the claim is returned to the plaintiff at his written request without any restrictions on further actions related to this claim (Article 135 of the Code of Civil Procedure of the Russian Federation). In other words, you retain the full right to re-apply with the same requirements to the same defendant.
Step 3
Submit a written application with a request to return the claim without consideration to the judicial office, the application must contain information about the date of filing the claim, the subject of the claim, the parties of the plaintiff and the defendant.
Step 4
If the statement of claim has already been accepted into proceedings, all actions in relation to it are carried out directly in the process of court sessions.
Step 5
Submit a written application to suspend the claim, or declare your desire to withdraw the claim orally with the entry of this requirement in the minutes of the court session. In this case, the plaintiff is not allowed to re-file a similar claim against the same defendant on the part of the plaintiff, except in cases where additional information is revealed that confirms the guilt of the defendant (Article 221 of the Code of Civil Procedure of the Russian Federation). Upon receipt of the plaintiff's statement to renounce his claims, the proceedings on this claim are suspended by an appropriate court order.
