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How to write a civil complaint withdrawal and whether it is valid
Legal analysis: 1. Applicant’s name
2. Reason: The applicant filed a lawsuit with your court on the year, month and year due to a case. The case has been accepted by your court. Now because of the An application is hereby made to withdraw the prosecution. Please approve.
Please return the *** pieces of evidence and materials originally attached when filing the lawsuit.
3. Sincerely, the People’s Court
4. Signature and time: Applicant; year, month, day
5. Write in the blank space after “present cause” Reasons for applying to withdraw the lawsuit. It is usually based on the following reasons: (1) the defendant satisfied the plaintiff’s litigation requirements; (2) the parties reached a settlement agreement; (3) the plaintiff discovered that he had improperly sued, and at this time he must state the reasons for the improper prosecution.
6. Its validity is ultimately determined by the People's Court
Legal basis: Article 145 of the "Civil Procedure Law of the People's Republic of China" Before the judgment is pronounced, the plaintiff applies If the lawsuit is withdrawn, the people's court will decide whether to allow it. If the People's Court decides not to allow the lawsuit to be withdrawn, and if the plaintiff refuses to appear in court without justifiable reasons after being summoned by subpoena, a default judgment may be made.
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