Joke Collection Website - Public benefit messages - How long will it take for the other party to receive the complaint after it is dropped?
How long will it take for the other party to receive the complaint after it is dropped?
1. If the defendant agrees to withdraw the lawsuit, he can receive the notice of withdrawal immediately;
2. Only when the court decides to withdraw the lawsuit can the defendant receive the notice.
The conditions for withdrawing the lawsuit are as follows:
1. The applicant must be the plaintiff, the appellant and their legal representatives, as well as the litigation agent specially authorized by the plaintiff. A third party with independent claim has the right to apply for withdrawal of the lawsuit if it declares a judgment after participating in the lawsuit;
2. To apply for withdrawing the lawsuit, the following conditions must be met:
(1) The applicant must be the plaintiff, the appellant and their legal representatives, as well as the litigation agent specially authorized by the plaintiff. A third party with independent claim has the right to apply for withdrawal of the lawsuit if it declares a judgment after participating in the lawsuit;
(2) The withdrawal of a lawsuit must meet the following conditions:
A. The applicant must be the plaintiff, the appellant and their legal representatives, as well as the litigation agent specially authorized by the plaintiff. A third party with independent claim has the right to apply for withdrawal of the lawsuit if it declares a judgment after participating in the lawsuit;
b, the withdrawal of the lawsuit must be voluntary;
c, the application for withdrawal must comply with the provisions of the law. That is, the plaintiff's request to withdraw the lawsuit shall not violate the interests of the state, the collective and others; The plaintiff cannot use the withdrawal to harm the interests of the state and the collective and the legitimate rights and interests of others; The plaintiff's application for withdrawal must meet the conditions for withdrawal stipulated by law;
d, withdrawal of the lawsuit must be ruled by the people's court;
(3) Withdrawal of a lawsuit is aimed at litigation rights, the essence of which is to show that the plaintiff requests the court to change or eliminate certain legal relations of civil entities or confirm rights;
(4) The withdrawal of the lawsuit must be ruled by the court;
(5) If the court decides to allow the withdrawal of the lawsuit, the handling procedure of the case will be terminated.
to sum up, withdrawing a lawsuit is an act in which the plaintiff voluntarily gives up his request for prosecution and applies to the court to withdraw the lawsuit. Withdrawal of the lawsuit is a way for the plaintiff to exercise his litigation rights, and it is also a way to voluntarily give up the request that has been made.
Legal basis:
Article 146 of the Civil Procedure Law of the People's Republic of China
If the plaintiff refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws from court without the permission of the court, it can be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default.
Article 147
If the defendant refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws from court without the permission of the court, he may make a judgment by default.
Article 148
Before the judgment is pronounced, if the plaintiff applies for withdrawing the lawsuit, whether it is allowed or not shall be decided by the people's court.
if the people's court decides not to withdraw the lawsuit, if the plaintiff refuses to appear in court after being summoned by summons without justifiable reasons, the judgment may be made by default.
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- 165438+1On October 23rd, Yanchuan County of Yan 'an added several high risks (Yanchuan County Government of Yan 'an City, Shaanxi Province).