The plaintiff has the right to withdraw the statement of claim, that is, to abandon the claim, at any stage of the trial. Depending on the stage of consideration of the case, the procedure and consequences of the withdrawal of the application differ.
Instructions
Step 1
If the application is not accepted for proceeding by the court, it means that the ruling on acceptance of the claim has not been made. The plaintiff must send a statement to the court, indicating what the claim is about and that the plaintiff withdraws the filed document. In this case, the judge, upon receipt of the claim, will issue a ruling on the return of the claim. Together with the claim, all attached documents and a document confirming the payment of the state fee are returned. When the claim is returned, the court issues a certificate for the return of the state duty, which is the basis for returning it from the budget.
Step 2
If the application is accepted for processing, a preliminary meeting is scheduled. The application can be sent to the court before the hearing, but the issue of accepting the waiver of the claim or not, will be resolved during the court hearing. To withdraw from the claim, the plaintiff must submit an application to the court in writing or declare it orally. In the minutes of the court session, an entry is made about the statement of refusal, the plaintiff puts his signature. Depending on the reasons for refusal, court costs are distributed in different ways. If the defendant voluntarily satisfied the claim after accepting the claim for consideration, then the state duty is reimbursed by the defendant. When the court accepts the waiver of the claim, the court issues a ruling to terminate the proceedings. The judge explains that a repeated appeal to the court on the same dispute to the same defendant is not allowed.
