In case of voluntary satisfaction of the claims by the defendant, loss of interest in the outcome of the case, the plaintiff may need to withdraw the statement of claim. It should be noted that only the person who filed it can control the fate of the claim. To withdraw a claim means to commit legally significant actions, after which the proceedings are terminated. Therefore, one should clearly understand the consequences of the termination of the case. The methods to terminate the proceedings depend on the stage at which the case is being considered.
Instructions
Step 1
Withdraw the statement of claim if it has not yet been accepted for consideration. You should apply to the court registry with a written statement, in which you indicate: what and when the claim was filed, who are the parties to the case, and also a request to return it without consideration. The judge returns the claim and all the documents attached to it, issues a certificate for the return of the state duty. Such actions do not prevent a repeated appeal to the court on the same issue.
Step 2
File a waiver of the claim. When the court ruled to accept the application for processing, set the date of the court, all procedural actions are performed only during the session. At the beginning of the trial, the judge acquaints the participants in the case with their procedural rights and obligations, including the right to terminate the case in peace, withdraw from the claim or admit the claim. Next, the judge will question the persons participating in the case about the available statements or motions. The plaintiff should declare the waiver of the claim by submitting a written application or orally against signature in the minutes of the meeting. At the same time, one should be aware that it is no longer possible to go to court with such a claim again. The court will not approve the waiver of the claim in the event that it violates the requirements of the law or the rights of third parties. For example, you cannot refuse to collect alimony for the maintenance of minor children.
Step 3
Leaving a claim without consideration. This procedure is applied in the case when the plaintiff does not appear twice when summoned by the court, does not ask to postpone or consider the case in his absence. The judge issues a ruling on the termination of the proceedings. The plaintiff has the right to reapply for the dispute.
