Discontinuance and withdrawal
27.10 Discontinuance and withdrawal
27.10.1 A party who has filed an appearance in a proceeding may withdraw the appearance at any time with the leave of the Court or a Justice.
27.10.2 A plaintiff may discontinue a proceeding or withdraw any part of it:
before the defendant against whom the proceeding or claim is to be discontinued has filed an appearance; or
at any time by leave of the Court or a Justice or with the consent of all other parties.
27.10.3 A discontinuance or withdrawal shall be made by filing a notice stating the extent of the discontinuance or withdrawal.
27.10.4 When the discontinuance or withdrawal is with the consent of other parties the notice shall be indorsed with the consent of each party who consents.
27.10.5 The plaintiff must serve the notice of discontinuance on each other party on the day it is filed.
27.10.6 Subject to any contrary order of the Court or a Justice a plaintiff discontinuing a proceeding or withdrawing a claim shall pay the costs of each party to whom the discontinuance or withdrawal relates to the time of the discontinuance or withdrawal.
This Act’s bill:Explanatory statement
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.