Circumstances sometimes govern human actions. When the conflict reaches the court, and the participants in it become defendants in the case, in the course of litigation their relationship can change dramatically. The defendant will agree with the requirements of the plaintiff, or they will calmly deal with the situation - in any case, the help of a third-party instance is no longer needed, the need for a lawsuit disappears, the need arises to withdraw the application. The statement of claim from the court, a sample of which is filled in according to all procedural canons, is taken away, observing the legislative rules.
Good reasons
Each legal procedure requires grounds for its implementation. If the court refuses to accept the claim, there are various reasons for this:
- this citizen should not make demands, since his interests were not violated;
- Jurisdiction was not chosen for this proceedings;
- the application is not properly executed.
Other situations are created during court proceedings when the plaintiff decides to change the course of the case and withdraw the application from the court. The statement of claim, the refusal model presented in Example 1, may have lost its relevance on the basis of a peaceful resolution of the conflict, or the initiator of its submission has exhausted interest in a lengthy lawsuit.
Case Study
A citizen sued his neighbor. In it, he demanded to recover contractual debt from his income. The term specified in the loan agreement expired as six months, but the acquaintance did not think about giving money. Having learned about this, a neighbor found funds, paid off, and even reimbursed the state duty. The plaintiff had no choice but to take a sample of the statement of claim from the court, and withdraw the statement.
Code of Civil Procedure of the Russian Federation in article 39 lists the rights of the claimant, when he can refuse from the claims against the defendant. It must be borne in mind that not all petitions are examined by the court and makes decisions on them.
Make a decision to withdraw the claim quite often. At the same time they submit documents of different contents, their composition depends on the stage at which the case is at that moment.
Time limits
The plaintiff may refuse from his stated claims to arbitration, observing the provisions of the APC of the Russian Federation. The production of this procedure takes into account the terms established by law. Documents accepted for consideration go through a thorough review in court.
Temporary limits on the time period for consideration of a claim depend on factors specified in article No. 129 of the agro-industrial complex:
- wrong court selected;
- there are no elimination of circumstances that allowed to leave the claim without motion;
- there is a motion to terminate proceedings.
Legislative provisions allow you to act on the following dates:
- after the receipt of the claim and materials no more than 5 days should pass, according to article No. 127 of the APC of the Russian Federation:
- if an application for execution of security is attached to the requirements, documents can be reclaimed no later than a day later.
The last moment was approved by article No. 93 in the agro-industrial complex of the Russian Federation.
Time interval feature
The Code governs the time during which an application can be withdrawn. The statement of claim, the sample from the court must be completed and transferred during the period when the legal authority accepted the paper, but the court has not yet begun working on them.
Sometimes it can be difficult to do, because the authority is in a hurry and, without delaying production for 1 day, immediately proceeds to it. Applications with collateral are generally embarked on the day of their adoption, if a weekend is planned ahead in the routine of the department. Specialists are able to eliminate annoying misunderstandings of legal processes and errors in the preparation of papers.
Review content
Filling out the application form, the plaintiff must trace and fill out all the necessary items. There are no special requirements for the form of the document, but it should be clear to everyone who will work with the application:
- the authority at which the lawsuit was sent is precisely named;
- details of the persons involved in the case, their contacts;
- data on the subject of the proceedings, under which number the case is opened;
- reasons that affected the recall.
The petition is signed and the date is set.
Below is another example of a sample. It should not be difficult to complete.
What you should know about
It is impossible to withdraw a claim from arbitration if the court has issued its decision in the given case. Before the start of the proceedings, it is not forbidden to take the application, but the state duty for filing a claim is not returned. Money can be returned to individuals if a request for withdrawal of a claim has been filed before the trial. To do this, fill out an application according to the established model, attach a receipt for payment.
The court did not accept the claim
If a lawsuit has been filed with the judicial office, but the court has not yet begun to consider it, in order to withdraw it, it is enough to contact the secretary with a statement.
In him:
- indicate the date of filing;
- describe the essence of the matter;
- identify participants;
- indicate a request for a refund of written claims.
In this case, the plaintiff is transferred the entire documentary kit and the order for the return of state duty. Sometimes, knowing how to refuse a claim, upon completion of the entire procedural procedure, does not serve as an obstacle to re-apply to the court for the same requirements.
What if the application is accepted by the court?
When a court order appears in the judicial office for consideration of a specific case, the document reflects the date and time of the meeting. At the moment, no feedback is provided, any actions are possible only at the trial. His judge will begin with an explanation of the rights and obligations of the defendants, he will ask if steps have been taken according to the Code of Civil Procedure by amicable agreement.
His duty is to offer:
- defendant - recognize requirements;
- claimant - refuse claims.
When it becomes necessary to write a refusal, the document is compiled and submitted in writing. The judge will also accept an oral statement, if the secretary records, the voiced information in the minutes.
To be convincing, the paper is drawn up appropriately, indicating the reasons for the judge to approve them, indicate the absence of legislative violations and infringement of the rights of participants in the process.
Alternative option
If the parties are satisfied with the resolution of the dispute without judicial intervention, and the complaint is submitted to the legal authority, you can choose an uncompromising option. The applicant simply does not respond to subpoenas and does not attend court hearings. His second absence will serve as the basis for dismissal of the case, the petition will not have:
- movement
- consideration;
- satisfaction.
All participants win:
- the court proceeds to other cases;
- The defendant peacefully agreed without trial.
The applicant also receives positive points. If he did not appear in court, then the dispute is resolved. In the event that a mistake is recognized, if the debtor fraudulently obtains a postponement of legal proceedings, the plaintiff has the right to resume everything by submitting a new application.
An important point should be taken into account: the lawsuit cannot be refused, and the court will not provide such an opportunity if third parties are involved in the case.
What is the difference between the recall procedure in criminal trials?
The application procedure and the course of work in civil and criminal cases are basically the same if the plaintiff withdraws all charges.
Distinctive points:
- withdrawal of the claim allows the release of the accused at the hearing;
- You can refuse claims at any time, even after a decision by a judge;
- upon detection of false evidence, the plaintiff shall indemnify for the damage caused.
Only in criminal proceedings do not always remove the guilt after the withdrawal of the charges. In judicial practice, there are examples with the satisfaction of all requirements until the end of the process. In this case, the plaintiff will again have to appeal to the court so that the defendant is completely relieved of responsibility.