Court Form Procedure Withdrawal
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FAQ
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.
(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.
The Rules of Civil Procedure allow litigants to terminate part or all of their claims or defences. The proper term used for plaintiffs is to ?discontinue?, and defendants to ?withdraw?. Rules 23.01 to 23.05 related to discontinuances, while Rule 23.06 relates to withdrawals.
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.
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).