In judicial practice, situations often occur when the defendant and the plaintiff are reconciled even before the trial. The compromise reached saves both parties from lengthy and exhausting litigation. There remains only one small but important formality - to withdraw the complaint from the court.
Instructions
Step 1
Before withdrawing a complaint from the court, think carefully about your decision. The decision to withdraw the submitted complaint is tantamount to its non-filing. And upon receipt of a new similar complaint, the judicial machine will start its work anew. Therefore, write a refusal only when you are fully confident that your interests will no longer be violated.
Step 2
Withdrawing your complaint from the court does not mean that you can no longer file other complaints. But newly filed complaints will be considered on a general basis.
Step 3
Make a written application to the court to withdraw your complaint. If in doubt that you can handle it yourself, call a lawyer for help. Try to keep the text free of anything superfluous, be concise and precise in wording. You do not have to indicate the reasons for your refusal. This is your legal right.
Step 4
Be sure to take the application with the court before the start of the trial. Although, even if you do not meet the deadline, you can withdraw the complaint even before the court makes a final decision on the case. If you wish, send your application by mail. However, take into account the delivery time of postage.
Step 5
Please note that the law does not reimburse you for any litigation costs if you drop your complaint. Also, you do not have the right to withdraw the complaint in the case when the decision of the first instance court was previously appealed by other persons. In all other cases, the court must accept your refusal. After that, the judge issues a ruling to terminate the proceedings.
Step 6
If you have hired a professional lawyer in advance to do your litigation, please be aware that they cannot withdraw complaints without your consent, unless the complaint was filed against your will. You yourself have the right to withdraw not only your complaint, but also the complaint of your lawyer.
