From a legal point of view, a complaint is a way of protecting and restoring the rights and legitimate interests of citizens from violations by the court through verification by a higher court. In judicial practice, there are often cases when it becomes necessary to withdraw a complaint.
Instructions
Step 1
Anyone has the right to withdraw a complaint. The complaint is returned at the request of the citizen who submitted it. If you have a need to withdraw a complaint, then you should consider the following: • The withdrawal of a complaint is made exclusively in writing. • The withdrawal is unconditional and irrevocable. It is accepted by the court on a mandatory basis and its additional verification is not carried out. • The court accepts and satisfies the withdrawal of the complaint in the event that the decision of the first instance court has not been previously appealed by other persons. • The citizen has the right to withdraw the complaint at any time during the consideration of the case, until the final decision of the court was made.
Step 2
To complete the withdrawal of the complaint, you need to correctly and competently draw up a statement. Jurisprudence does not tolerate unnecessary words and extraneous phrases that are not directly related to the case. To be sure of the correctness of the statement, you should seek the advice of a specialist who will assist in drawing up an application to withdraw the complaint. Only a professional lawyer with experience can decide what evidence should be used to strengthen the position of the revocation and what legislative tricks can be used in court.
Step 3
You can send this statement by mail or take it to the court office yourself. When you withdraw the complaint, you need to remember that no legal costs will be reimbursed to you (state duty, specialist services, etc.). You should also know that the withdrawal of the complaint or protest is tantamount to their failure. Therefore, you have every right not to explain to the court the reason for your revocation.
