Motion To Withdraw Complaint
Description
How to fill out Simple Motion To Amend Complaint And Notice Of Motion?
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FAQ
After the notice of trial has been filed, a plaintiff can discontinue the case against a specific defendant but must have either the consent of all other parties or an order from the court to allow the discontinuance. To discontinue a claim, prepare a document called a notice of discontinuance (Form 36).
(a) before the close of pleadings, by serving on all parties who have been served with the statement of claim a notice of discontinuance (Form 23A) and filing the notice with proof of service; (b) after the close of pleadings, with leave of the court; or (c) at any time, by filing the consent in writing of all parties.
A notice of discontinuance can signal relief and an end to the stresses of litigation. However, it's important to remember that the party who brings it is able to start proceedings again for the reason that bowing out of a case can't bar someone from exercising their legal rights.
A notice of discontinuance is used when a plaintiff or applicant (someone who has commenced proceedings), or an appellant (someone who is appealing a case) decides to 'drop the case'. This means that they won't continue pursuing the case. The Court then stays the proceedings.
Withdrawing a Claim To withdraw a claim or other filed documents: Complete a Notice of Withdrawal form. File a copy of the Notice of Withdrawal at the court registry.