It is possible to withdraw from the claim at any stage of the consideration of the case on the basis of Article 39 of the Civil Procedure Code of the Russian Federation. If this does not violate the rights and interests of other persons and does not contradict the current legislation, the legal proceedings on the claim are terminated.
Necessary
- - statement;
- - the passport.
Instructions
Step 1
If you have just filed a claim and it has not yet been accepted for legal consideration, contact the office. Indicate when you filed the claim, and also write that all issues were resolved amicably, and there is no need for judicial review.
Step 2
You will be returned the statement of claim and all photocopies of the documents that were filed in this case. You also have the right to issue a refund of the state duty. You will be given a certificate on the basis of which you can receive the paid funds. Having withdrawn the statement of claim, you have the right to go to court with it again, the law does not prevent this.
Step 3
When a case has been started on your claim, you have the right to waive the claims during the preliminary hearing. At the beginning of the process, you can verbally or in writing declare that you refuse to take the case in court in connection with the settlement of all issues in this case.
Step 4
To refuse, you will have to submit an application. If you did not draw up it and refused to consider the case orally, you will be asked to sign the protocol, which is drawn up at the beginning of the court session.
Step 5
The court will postpone your claim if you fail to appear twice in the courtroom on a subpoena. The judge will issue an order to terminate the proceedings. This does not prevent you from re-filing your claim.
Step 6
It is impossible to refuse a statement of claim if it violates the rights of third parties or contradicts the current legislation. For example, if you filed a claim for the recovery of alimony, you have no right to refuse court consideration, as this would violate the legal rights of minors to decent maintenance. Also, you will not be able to withdraw the application if the claim is expressed not only by you, but also by third parties.
