In the course of the trial, the plaintiff, in accordance with Article 39 of the Civil Procedure Code of the Russian Federation, has the right to withdraw from the claim. To do this, the plaintiff is obliged to submit to the court a written waiver of the statement of claim, drawn up taking into account certain legal norms. Such a document serves as the basis for the termination of the trial, but does not automatically entail a waiver of the substantive rights of the plaintiff.
Instructions
Step 1
Write or type in the header of the waiver of the statement of claim an appeal: "To the arbitration court of such and such an area, the address is such and such." Under the appeal, indicate your details in the format: "From the plaintiff", followed by the last name, first name, patronymic or the name of the organization, if the plaintiff is a legal entity, place of residence or registration, passport data, address of actual location for sending correspondence from the court.
Step 2
Indicate the data of the defendant in your trial in the following format: his name, location, contact phone number or e-mail address. If the defendant is a legal entity, give its details with the indication of a specific representative (general director of the enterprise, chief accountant, and so on). Also write the number of the case and the date when the trial began.
Step 3
In the body of the letter under the heading "Rejection of the Statement of Claim" in the official style, state the following: according to Article 49 of the Arbitration Procedural Code of the Russian Federation, the Claimant (full name) with this statement refuses entirely and completely from the claim against the Respondent (his full name), in the framework of the proceedings on (subject claim). The plaintiff asks to terminate the proceedings on the case (case number).
Step 4
At the end of the refusal statement, mention that you are familiar with and agree with all the consequences of the refusal described in Article 150 of the Arbitration Procedure Code of the Russian Federation. If there are attachments to your waiver of the statement of claim, for example, a power of attorney for a representative of the Claimant, indicate this in the document.
Step 5
Sign the waiver yourself. If signed by your authorized representative, the complete transcript should be displayed next to the facsimile in the format: "Representative of the Claimant by proxy". Date for signing the waiver of the claim.
