How to withdraw the claim from court

How to withdraw the claim from court

If you decided to submit the judicial claim, but in the course of judicial proceedings changed the decision, do not worry. Under the law, you as the claimant can withdraw the judicial claim, that is the statement of claim, at any stage of trial. The order of a response and its consequence are defined depending on a stage at which there is a consideration of the case.

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If the court did not adopt the statement to production yet, means actually adoption of the claim did not happen yet. In that case direct the petition that you want to withdraw the directed document, having specified a subject or an occasion in which the claim was directed. In this case after obtaining the claim the judge will pass the decision on return of your statement of claim. At return of the claim you receive all documents which are applied to it and the document confirming the fact of payment of the state tax. Check that also issued you the reference on the basis of which you will be able to return the paid state duty from the budget.


In a case when the statement was already adopted to production, preliminary court session will be appointed. You can direct the petition and to the meeting, but the decision on a response of the claim will be made only in its process. If you want to refuse the claim, file a lawsuit the written statement or declare it in an oral form. In that case the secretary will make in the protocol record that the claimant declared refusal of the claim. Surely sign this protocol.


The court analyzes the motives specified by you on which refusal was made and on the basis of it distributes court costs in this or that order. In case the respondent satisfies all claims voluntary after the claim was accepted to consideration, he will compensate the state duty. If the court accepts refusal of the claim, the judge has to pass the decision on the termination of consideration of the case. Consider that if you want to appeal to court with the same question and besides to the respondent, it will be impossible to carry out it, according to the law. Therefore before submitting the claim, think, whether you are sure of the statements and whether are ready to continue judicial proceedings on the matter.


Besides, remember that the court will not adopt the statement for a response of the statement of claim if it violates interests or the rights of the third parties. Such order of a response of the statement of claim works irrespective of the fact which you withdraw civil judicial suits.