Discontinuance or withdrawal by plaintiff
1160 Discontinuance or withdrawal by plaintiff
A plaintiff may discontinue a proceeding, or withdraw a part of it, at any time before the court sets a date for the hearing of the originating process.
A plaintiff may discontinue a proceeding, or withdraw part of it, at any other time only with the court’s leave or the agreement of the other active parties.
Pt 6.2 (Applications in proceedings) applies to an application for leave under this rule.
Also, if there is more than 1 plaintiff, or a counterclaim against a plaintiff, a plaintiff may only discontinue or withdraw with the court’s leave or the agreement of the other active parties.
A plaintiff may discontinue against 1 or more defendants without discontinuing against other defendants.
Each party who agrees to a proceeding being discontinued, or part of it being withdrawn, must agree in writing.
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