This issue is regulated by the procedural legislation of the Russian Federation, namely, Art. 39 of the Code of Civil Procedure of the Russian Federation. You have the right to withdraw your claim at any stage of the proceedings, but no later than a formal court decision on the case under consideration.
Instructions
Step 1
Write a statement of waiver of your claim (a sample of writing statements can be downloaded from the Internet or taken from the judge's clerk or attorney) if you want to drop the claim before the start of the court proceedings. Register your application with the clerk of the judge and await the appropriate court order. Do not forget to pick up the relevant decree. If the claim is abandoned before the court accepts it, the application is returned to you, and you can re-apply to the court with a similar statement of claim to the same defendant.
Step 2
Write a waiver motion (a sample motion can be downloaded from the Internet or obtained from the judge's clerk or attorney) if you want to withdraw your claim at any stage of the trial process (including the preliminary hearing). File your motion at the courtroom hearing and await the appropriate court order. Then take away the corresponding decree. If you withdraw your application during pre-trial preparation or at any stage of the trial, the court will issue an appropriate order to dismiss the case. In this case, you are prohibited from re-applying to the court with a similar statement to the defendant, similar to the grounds indicated in the withdrawn claim will not be lawful for initiating a new case.
Step 3
Collect 100% of the paid state duty from the defendant on the basis that the fulfillment of obligations or requirements took place after the court accepted the case for proceedings. Write a corresponding statement and submit it to the court for consideration. After the court makes a decision, you will be given an appropriate executive act. If you do not do this, 50% of the paid state duty will be deducted from you, the remaining 50% will be collected from the defendant in accordance with the established judicial procedure.
