Before the court will decide on a civil process, the claimant has the right to withdraw his claim and thereby complete the trial ahead of schedule. Refusal of complaints in court is a fairly common phenomenon. Making such an action, you need to know: in what cases is a petition for refusal of the claim, what consequences will entail this by how to make a statement correctly.
Causes of refusal
To submit a petition for refusal to work on the suit can only plaintiff. Failure is complete and partial if the claim can be divided into parts. Refusal of complaintsfiled during the trial before the completion of the process can only be unconditional, i.e. Ensure from some circumstances, the actions of the counterparty, judges, third parties. The civil process after submitting an application for refusal to be claimed.
The plaintiff is obliged to express his refusal voluntarily, clearly and unequivocally. Before the beginning of the Civil Process, the judge offers both parties to conclude a settlement agreement. It is possible when the plaintiff recalls the claim, another option - the defendant agrees with the validity of the requirements, and at the same time the termination of the trial does not affect the interests of third parties ( gL.4 Article 39 Code of Civil Procedure of the Russian Federation). Probable reasons for the claim:
- The defendant stopped his actions that caused claims from the claimant;
- The plaintiff received satisfaction of his demands from the defendant;
- Conclusion by the parties of the civil procedure of the settlement agreement;
- The reluctance of the plaintiff to participate in the court proceedings;
- Other motives for refusal.
Structure of the claim for refusal of the claim
To apply for termination of the trial, the plaintiff constitutes an application for refusal to the claim. It is written according to the rules for compiling any claim. Use a sample application to compile it competently. In the petition header, the name and address of the court, the plaintiff and the respondent data (FULL NAME, address) are recorded. The center of the next part is written the name of the document "Application for refusal of claims."
In the text of the application, specify the court number, describe the essence of the claim, clearly and clearly list the reasons why you wish to withdraw the claim, note your awareness of the consequences of the claim. The statement passed to court joins the other documents on the case ( gL 15, Article 173 Code of Civil Procedure of the Russian Federation).
Documents for download:
Sample request for refusal;- Application for refusal of the claim;
- Application for refusal of claims;
- Application from the plaintiff - a refusal of termination of marriage;
- World Agreement - Blank.
Consequences Review Claim
The plaintiff his petition for the revocation of the claim declares the reluctance of proceedings in his case. In the future, the plaintiff is deprived of the right to go to court with such claims and require the resumption of the trial on this issue. It means that a citizen will not be able to file a lawsuit with similar complaints to the same person ( gL 18, Article 221 Code of Civil Procedure of the Russian Federation). An exception to the rule will be discovered facts confirming the defendant's guilt. In addition, the plaintiff may change the subject of the claim, reformulate the essence of the claim.
All lawsuits of the defendant reimburse the plaintiff ( gL 7, Article 101 of the Code of Civil Procedure of the Russian Federation). To avoid additional cash spending the plaintiff may, go to the settlement agreement by agreement with the defendant ( article 333.40).
Feed and consideration of a petition for a refusal of the claim
The petition for the termination of the trial and refusal to the stated requirements, compiled before the start of the process, is transmitted to the judicial office. An application for refusal to ask the claimant may submit during the trial in any period. Refusal can also be submitted verbally at the beginning of the court session. In this case, it is entered into the protocol and is certified by the signature of the plaintiff. In any case, experts recommended a personal statement of the claimant to refuse complaints in court if he changed his rights to defend his rights.
The judge, having received the purpose of the plaintiff to refuse to complaints, decides to accept it or reject. At the same time, the reasons for refusal outlined in the statement are taken into account, their compliance with the actual wishes of the plaintiff, the lack of violations of the legislation, are not infringed with someone's rights (for example, children's rights). If the refusal is accepted, the judge makes an argued decision, the trial stops ( article 220 Code of Civil Procedure of the Russian Federation).
Return of state duty in refusal of the claim
The possibility of refund of state duty payer is established in article 333.40 of the Tax Code of the Russian Federation. The duty is not refundable if the case is terminated at the request of the plaintiff, due to the fact that the defendant satisfied his demands, when establishing a settlement agreement between the plaintiff and the defendant. A partial or full refund of state duty is likely to abolish the proceedings, if the statement is left by the court without consideration. 50% of the amount will be returned to the plaintiff when concluding a settlement agreement before making a decision by the Arbitration Court.
Download Useful Documents:
- Application for the return of state duty in the tax - blank;
- Application for the return of state duty in court - blank;
- Receipt of state duty;
- Payment order - sample;
- Sample tax refund (The lawsuit was not adopted by the court).
By deciding to abandon our own claims in court, it is necessary to preliminarily consult with a lawyer or with his lawyer. You should weigh and take into account all possible consequences of refusal from the claim. It is better not to hurry to report claims, but to submit a statement about the global agreement.
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