How to withdraw a statement of claim from court: sample statement, how to draw up and submit, procedure

The difference from a claim already transferred in the process is that the reason may be not only a conciliation agreement, but also other circumstances, be it even moving to the country. The main thing is that they are adequate and supported by documents.

If the parties have reached an amicable resolution to the conflict, they can withdraw the claim without any complications from the court. Below is a sample of how to withdraw a claim from a civil court. If the claim is abandoned before the court accepts it for consideration, the application itself must be returned to you with all the documents attached to it. The law allows you to re-apply to court with the same statement of claim against the same defendant at any time convenient for you.

How to withdraw a statement of claim from court

If the applicant wants to withdraw the claim, then it is necessary to understand whether the court has issued a ruling to accept the claim for judicial proceedings. If this term has not yet entered into force, then the statement of claim, at the sole written request of the applicant, is returned to him without any restrictions.

I believe that when making a decision, the court should (indicate what the decision in the case should be, in the opinion of the applicant). The arguments set out in the review may be supported by evidence (indicate a list of evidence confirming the applicant’s position).

It sets out the categories of veterans that can be granted to people, the criteria necessary to obtain such status, as well as the possible main benefits provided to this category of people. Specific benefits are prescribed for veterans by separate legal norms of the area in which they are provided.

They are also present in the legislation, and their study can greatly help a veteran in observing his legal rights and obtaining benefits: Term Meaning Combat veteran A person who took part in hostilities on instructions from the Russian military command has confirmation of this fact or even awards for demonstrated valor or other military qualities.

It often happens that it is necessary to withdraw a claim from court. So how to withdraw a statement from court? The plaintiff has the right to withdraw his statement of claim at any time. And the plaintiff does not need to explain the reasons for such a decision to the court.

Time interval feature

The Code regulates the time during which an application can be withdrawn. A statement of claim or a sample from the court must be completed and submitted during the period when the legal authority has accepted the papers, but the court has not yet begun to work on them.

Sometimes this can be difficult to do, since the authority is in a hurry and, without delaying the proceedings for 1 day, immediately begins it. Applications with security are generally processed on the day they are accepted, if there is a day ahead in the department’s work schedule. Specialists are able to eliminate annoying misunderstandings of legal processes and errors in the preparation of papers.

How to withdraw a statement of claim from court

Sometimes litigation breaks down before the court reaches its residual verdict. In some types of disputes, the law provides for the possibility of concluding a settlement agreement directly in the courtroom. But can the plaintiff withdraw the statement of claim? Very often people want to delay the trial. They may do this for their own benefit. But can this be done within the law?

In cases of murder, rape and in matters involving minors, it is not possible to resolve disputes outside of court. The same applies to corruption cases.

The procedure for returning a claim itself is regulated by procedural legislation, namely, Art. 39 Code of Civil Procedure of the Russian Federation.

Despite the consonance, the two terms in question have completely different meanings. Withdrawal of a claim implies a waiver by the plaintiff of the claims regarding the stated dispute. This usually happens if the situation was resolved in the best possible way without the participation of Themis.

Causes

The right to refuse a statement of claim in civil proceedings is established by Art. 39 Code of Civil Procedure of the Russian Federation. The plaintiff can make adjustments to the requirements, change the subject or grounds. Full or partial refusal of the claim is allowed.

The reasons for refusing requirements are not specified in regulations, as they depend on each specific case. The judge will accept the motion, regardless of its basis.

Among the most popular reasons are:

recognition of the claim by the defendant;
reconciliation of the parties and conclusion of a voluntary agreement;
compliance by the defendant with the requirements in the petition;
irrelevance of the claim, etc.

Applicants withdraw the claim if the defendant voluntarily complies with the requirements specified in it. The application may be withdrawn if a settlement agreement is concluded between the parties.

How to withdraw a statement of claim from court

There are circumstances in which it will not be possible to withdraw a claim. The Civil Procedure Code (Article 39) makes one limitation: if the refusal of the claim entails a violation of the law or someone’s rights, it will be impossible. The request can be made in writing or orally, and at the same time it is recorded in the minutes of this court session.

Firstly. You can send a request to the court to cancel your statement of claim. If the court has not yet decided whether to accept the claim, the judge must return your statement of claim, as well as absolutely all documents attached to the case. Next, the judge prepares a reasoned decision and issues a document for the return of all state fees from the budget.

How easy it will be to abandon a claim directly depends on how long ago the claim was filed in court and the case is already being considered in court.

In the response you can indicate the petitions submitted to the court. Familiarization with the basic rules for drawing up a statement of claim will help you prepare documents efficiently and competently.

A statement of claim is an appeal to a court in writing. It states the claims of one person (the plaintiff) against another person (the defendant). Several people can act on both sides in civil cases.

When you formulate a refusal to continue the proceedings in court, it should be succinctly reasoned. In your refusal, you can refer to articles from legislative documents; this will not be superfluous for you. When the withdrawal of the statement of claim occurs on the basis of clause 6 of Art.

Be sure to include all checks, bank statements, or eyewitness confirmations of the veracity of the words described in the previous paragraph.

Order

The plaintiff has the right to waive his claims at any stage of the case, before the court makes a decision. To do this, you must submit a petition indicating the grounds. In accordance with Art. 173 of the Code of Civil Procedure of the Russian Federation, the official is obliged to notify the plaintiff of the consequences of the procedure.

The applicant may waive the requirements in writing or orally. In the first case, a petition is drawn up, which will be attached to the case. If the plaintiff made an oral statement, then it is recorded in the minutes of the meeting, which is signed by the participants in the process. In both cases, the judge makes a ruling to waive all or part of the claims.

If the official refuses to accept the petition, the plaintiff is notified about this. The judge makes a ruling and continues to consider the case on its merits. It is not necessary to bring information to the defendant, since only the plaintiff can withdraw the application.

The right to withdraw a claim is unique. If the interests of the plaintiff are protected by his representative, then the power of attorney must separately stipulate the possibility of withdrawing the application.

Leaving the claim without consideration

A claim filed in court in accordance with all the rules of procedural law does not always end with consideration and a decision on the case. Sometimes the parties come to a consensus and enter into a settlement agreement.

Third. You may also not appear at the court hearing twice. In this case, the judge leaves the claim without any consideration, but does not return the documents. And in this case, the applicant reserves the right to once again go to court on exactly the same case.

This is important to know: How to pay a claim based on a court decision

If the request is granted, you will be issued a decree to terminate the case. In addition, it is possible to receive it by email. You have every right to demand a copy of the statement of claim, but in this case its repeated use is not provided for by law. If necessary, you need to initiate a new case. Secondly. Make a request to the court to abandon your claim at any point during the consideration of the entire case before the judge leaves for a separate deliberation room to make a decision. The request can be made in writing or orally, and at the same time it is recorded in the minutes of this court session.

Consequences

In accordance with Article 221 of the Code of Civil Procedure of the Russian Federation, a plaintiff who renounces the claim is deprived of the right to again go to court with a claim on the same subject and on the same grounds.

In litigation, there are situations when the plaintiff decides to renounce his claims and withdraw the application. This process is strictly regulated by legislative acts, as it carries various consequences, including the inability to re-apply to court on this issue.

Refusal of a claim in civil proceedings can occur at any stage. The main thing is that the decision is made voluntarily.

How to withdraw a statement of claim from court

Since this type of process is not complicated and arises from the desire of one of the parties, you can pick it up at will by filling out some papers. Most often, applications are withdrawn due to the fact that, without the help of a district or magistrate court, an agreement was made that satisfied both parties.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

But another situation is also possible. The father has not paid child support for many years. Tired of hoping that he will begin to fulfill his parental duty voluntarily, the mother of the minor files a lawsuit demanding the forced collection of child support from the defaulter.

What you need to know

The first thing that every applicant needs to remember about the consequences of his action is that, according to legislative requirements, a case that was withdrawn once will not be accepted and considered a second time. If you are not sure that the problem will be completely resolved personally, it is better not to do this, because if the problem still remains, the court will not be able to help anymore.

The law provides for the possibility of expressing a desire to withdraw a claim even during a meeting, but in fact this is very rarely allowed. Also, advice was given above about the mandatory mention of the reasons for the revocation; it is allowed not to indicate them, but according to the experience of lawyers, such applications are rejected in 99% of cases.

Important! Another participant in the process may appeal the application or withdraw the claim by filing his own complaint.

Thus, it is possible and necessary to apply for a review if both parties decided everything amicably and confirmed it with documents. The main thing is not to write an application hastily; it is better to use more time and experienced lawyers to draw up a competent and reasonable application.

After all, having received a refusal, the case will still be considered, which can cause discomfort and “break” the planned cases.

According to paragraph 1 of Art. 39 of the Code of Civil Procedure of the Russian Federation, the plaintiff has the right to abandon the claim. The court does not accept the plaintiff’s refusal of the claim, the recognition of the claim by the defendant and does not approve the amicable agreement of the parties if this is contrary to the law or violates the rights and legitimate interests of other persons (Clause 2 of Article 39 of the Code of Civil Procedure of the Russian Federation).

According to Part 2 of Art. 326.1 of the Code of Civil Procedure of the Russian Federation, the procedure and consequences of considering an application for the plaintiff’s refusal of a claim or an application of the parties to conclude a settlement agreement are determined according to the rules established by parts two and three of Article 173 of the Code of Civil Procedure of the Russian Federation.

By virtue of Part 3 of Art. 173 of the Code of Civil Procedure of the Russian Federation, if the plaintiff refuses the claim and is accepted by the court, the court issues a ruling, which simultaneously terminates the proceedings.

What to do if you applied to the wrong place (4 options)

If a claim is filed, but the court has not begun to consider it (before the start of the trial), you can write an application to return the claim. To do this, you need to contact the court office, including asking for a sample announcement. If the claim is abandoned before the court accepts it for consideration, the application itself must be returned to you with all the documents attached to it. The law allows you to re-apply to court with the same statement of claim against the same defendant at any time convenient for you.
If you filed a claim in violation of jurisdiction (in the wrong court), then you need to report this to the court, and in accordance with Art. 33 of the Code of Civil Procedure of the Russian Federation, the court will refer the case according to jurisdiction (to the desired court).
If the defendant is incorrectly indicated, there is no need to withdraw the claim; the court will help (prompt) to identify the proper defendant (Article 41 of the Code of Civil Procedure of the Russian Federation).
If you decide to waive your claims when the case has been accepted by the judge, this deprives you of the right to re-file the same claim against the same defendant in the future. The court issues a ruling to dismiss the case.

How to withdraw a claim

A claim filed in court in accordance with all the rules of procedural law does not always end with consideration and a decision on the case.

Who has the right to withdraw a claim from court?

Only the person who filed the claim initially, that is, the plaintiff or the one who provides representation services in court, can control the fate of the application and withdraw it from the court.

Previously it was for representation in court cases

Filing a claim in court, as well as withdrawing it, is a legally significant action.

In this case, the revocation is considered one of the grounds for termination of the proceedings.

Changes in the claim

When considering a case in court, new circumstances may arise, as a result of which the requirements or the subject of the dispute may change. In this case, you can make changes to the claim (Art.

39 Code of Civil Procedure of the Russian Federation). The legislative act allows for amendments to be made either to the subject or to the grounds of the dispute.

Changes to both items at once are not allowed. If there is a need to adjust the subject and basis, then you will need to file a new claim.

The court may refuse to accept an application to abandon the claim if, as a result of the consideration of the case, it is impossible to reach an amicable agreement, for example, when the case concerns the deprivation of parental rights. In this situation, the interests of not only the participants in the process are affected, but also of third parties, minor children.

The case will be closed only after it has been considered on its merits and an appropriate decision has been made.

If circumstances change, the initiator of the lawsuit may change his mind and withdraw the claim. But it is important to understand the consequences of such a decision.

The court will not re-accept an application in this case to the specified citizen. A waiver of the claim is issued if the parties have reached an amicable agreement or the defendant has voluntarily complied with all specified requirements.

The official may not accept the petition if the rights of third parties are affected. A ruling is made on this, after which the consideration of the case on its merits continues.

When filing lawsuits in court, citizens are often faced with refusal to accept them. There are many reasons for this: the application was filed by an improper plaintiff, the controversial situation is not subject to consideration by a civil court, the claim was written on behalf of a person whose rights and interests have not been violated.

But it happens that the plaintiff himself sometimes wants to abandon the filed claim. For example, if the conflict with the opponent was resolved peacefully or the initiator of the litigation lost the desire to get involved in a long lawsuit. The article will help you figure out how to withdraw a statement of claim from the court and will provide a sample document.

If the statement of claim was not accepted by the court

If a claim to the court has been drawn up, submitted to the office, but not accepted by the court for consideration, in order to withdraw it, you must contact the secretary with a written application. It indicates the date the claim was filed in court, its brief content (what the claim is about), and lists the parties to the case. The application must indicate a request to return the claim without consideration.

In such cases, when the claim was accepted by the court, but the case was not scheduled for consideration, the judge returns the application along with all attachments to the plaintiff, and also issues a certificate for the refund of the state fee. It is important to note that such actions to withdraw the claim are not an obstacle to re-applying to the court with the same demands.

Application Form

Expert opinion

Morozov Ivan Severinovich

Legal consultant with 6 years of experience. Specialization: criminal law. Has experience in defense in court.

An application to the court to withdraw a claim is not established by law. Therefore, it is drawn up in accordance with the general requirements for such documents.

The petition states:

information about the judicial authority;
information about the plaintiff and defendant;
trial data;
grounds for claims against the defendant;
reasons why the claim is withdrawn.

At the end of the document, you can indicate that the refusal is issued voluntarily. The application must state that the plaintiff is familiar with the consequences of the procedure. It is not necessary to indicate the reasons for refusing the requirements.

If the submitted claim to the court was accepted for consideration

If a claim drawn up and submitted to the court was not only accepted in the office, but also submitted for consideration (a decision on the consideration of the case), a specific date and time for the first meeting were set, then subsequent actions to withdraw it are carried out only during the trial.

At the very beginning of the hearing, the judge is obliged not only to explain the rights and obligations of the parties, but also the possibility of concluding a settlement agreement and abandoning the claim (for the defendant to admit the claim).

If the need to write a waiver of the claim filed in court arose at this stage, then the plaintiff must draw up and submit a petition for this in writing. Alternatively, a motion to withdraw the claim can be submitted orally and recorded in the minutes of the meeting. But the first option is optimal. It is recommended to indicate the reasons for the refusal in the motion to dismiss the claim. The important point is the following: by abandoning the claim during the legal proceedings, the plaintiff simultaneously loses the opportunity to go to court again on similar claims.

In addition, the dismissal of the claim will not be approved by the judge if it violates the law or infringes the rights of third parties.

Revocation procedure

The course of action for a plaintiff who has changed his mind about suing depends on the stage of the process at which the claim is being considered. You can find out about its progress on the official website of the highest authority - the Supreme Court of the Russian Federation.

First, let's look at how to withdraw a filed claim before initiating civil proceedings in the first instance - Article 133 of the Code of Civil Procedure. If the judge has not yet made a corresponding determination (and he has 5 days to do this), the procedure is simple: you need to go to the office and write a statement of refusal. The document is registered with the secretary, after which it remains to wait to see what the judge decides. If the decision is positive, after some time the plaintiff will be given:

the claim drawn up by the applicant;
attached set of documents;
a court order granting the plaintiff's request.

When refusal of a claim is impossible

It is impossible to waive a claim brought to court if, in addition to you, the case involves the interests of third parties, also expressed in the claim.

This is important to know: Interruption of the statute of limitations in civil cases

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After the claim is abandoned and the proceedings are completed, the applicant is returned the application itself and all attachments to it, as well as the original receipt for payment of the duty and a certificate for the return of these amounts (state duties) from the relevant budget. In order to receive a refund of the paid duty, you must present to the tax office a certificate issued in court and a ruling on the completion of the proceedings.

Refund of state duty

When filing an application with the court, a state fee must be paid. Its size is established by Art. 333.19 Tax Code of the Russian Federation. Funds are transferred to the state treasury before the case is accepted into proceedings. If the plaintiff decides to abandon the claims, then he may qualify for a refund of the state duty.

The grounds for receiving funds are specified in Art. 333.40 Tax Code of the Russian Federation:

overpayment;
refusal to accept the claim;
termination of legal proceedings;
refusal of the claim.

If during the consideration of the case the parties decide to enter into a settlement agreement, then the plaintiff will be able to receive only half of the amount paid. If the defendant voluntarily fulfilled his obligations, the state duty is not refunded.

To obtain a refund, you must apply to the court department.

In addition to the application, the following documents must be presented:

a receipt for payment of the fee to the treasury;
identification;
a copy of the court ruling.

The application is drawn up in two copies. It states:

name of the judicial authority;
information about the applicant;
details of the claim;
bank account number for receiving funds;
list of attached documents.

The application must indicate the date and personal signature of the plaintiff or his representative. One of the copies remains in the court office, the other - with the applicant. The date of incoming correspondence is indicated on the document. The petition must be considered within 1 month from the date of receipt by the official.

If the claim is rejected, the state fee is returned in full. If the plaintiff has changed the requirements, abandoning some of them, then the state fee will be recalculated and partially transferred to the account specified by the applicant.

Is civil proceedings terminated?

If the court accepts the refusal of the claim, it will terminate the proceedings (Article 220 of the Code of Civil Procedure of the Russian Federation). If you abandon your claim in the appellate court after accepting the appeal, the court will cancel the decision made by the court of first instance and terminate the proceedings (Article 326.1 of the Code of Civil Procedure of the Russian Federation).

Expert opinion

Gusev Vladislav Semenovich

Lawyer with 10 years of experience. Specializes in criminal law. Member of the Bar Association.

The court may terminate proceedings in relation to part of the claims - for example, those that the defendant voluntarily satisfied. In this case, you can refuse the claim in the relevant part.

In the rest of the case, the court will consider the case on its merits. For example, you went to court with a claim to collect debt under a contract in the amount of 200 thousand.

rub. After this, the customer (defendant) transferred you 50 thousand.

rub. In this case, you can refuse the claim regarding the recovery of this amount, and regarding the 150 thousand.

rub. the court will continue to consider the case on its merits.

Please note that the court will not accept a refusal if it is contrary to the law or violates the rights and legitimate interests of other persons (Part 2 of Article 39 of the Code of Civil Procedure of the Russian Federation).

What are the consequences of abandoning a claim in a civil case?

If the court accepts your refusal, it will terminate the proceedings. After this, you will not be able to go to court again with the same claim against the same person.

Therefore, you should refuse the claim only when you have really good reasons for this. For example, if the defendant voluntarily satisfied your demands or you realized that the claim was not justified.

If the refusal of the claim is due to the fact that the defendant has satisfied your demands, you will be able to recover state fees and court costs from him.
The obligation, in connection with the violation of which you went to court, as a general rule does not terminate when the claim is abandoned.

By virtue of Part 3 of Art. 173 of the Code of Civil Procedure of the Russian Federation, if the plaintiff refuses the claim and is accepted by the court, the court issues a ruling, which simultaneously terminates the proceedings.