Legal consequences of withdrawal of lawsuit petitions in civil cases

The petition can be withdrawn at any time until the final judgment is issued by the Court. The withdrawal of the petition and its consequences also depend on the consent of the defendant and the person with related interests and obligations. So, in each case of withdrawal of the petition, what legal consequences can happen? Through this article, Apolo Lawyers will provide Clients with information regarding the legal consequences of the withdrawal of the petition in a civil case.

1. What is considered a withdrawal of the entire petition?

According to the provisions of Point c, Clause 1, Article 217 of the Civil Procedure Code 2015, after the Court accepts the case within its competence, in case the plaintiff withdraws the entire lawsuit claim, the Court shall issue a decision to suspend the settlement of that civil case.

However, the fact that the plaintiff withdraws the entire lawsuit claim does not mean that in all cases the Court will issue a decision to suspend the settlement of the civil case. Specifically, according to the provisions of Clause 2, Article 217 of the Civil Procedure Code 2015, in case the plaintiff withdraws the entire lawsuit claim but the defendant has a counterclaim or the person with related interests and obligations has independent request, the civil case is not automatically suspended but will be handled in the following cases:

• Defendant withdraws all counterclaims, persons with related interests and obligations withdraw all independent claims: The court issues a decision to stop the settlement of the case;

• The defendant does not withdraw or withdraw only a part of the counterclaim: (1) The court issues a decision to terminate the settlement of the plaintiff lawsuit claim, (2) The defendant becomes the plaintiff, the plaintiff becomes the defendant;

• The defendant withdraws the entire counterclaim, the person with related interests and obligations does not withdraw or only withdraws a part of the independent claim: (1) The court issues a decision to stop the settlement of the lawsuit claim of the plaintiff, the counterclaim of the defendant; (2) The person with related interests and obligations becomes the plaintiff, the person who is sued at the independent request becomes the defendant.

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Legal consequences of withdrawal of lawsuit petitions in civil cases

2. Withdrawal of the lawsuit petition before the court hearing

According to the provisions of Clause 1, Article 299 of the Civil Procedure Code 2015, before opening a court session, if the plaintiff withdraws the lawsuit petition, the appellate trial panel must ask whether the defendant agrees or not.

In case the Defendant does not agree, the withdrawal of the Plaintiff petition will not be accepted.

In case the Defendant agrees, then: (1) Accept the withdrawal of the Plaintiff petition, (2) The Appellate Trial Panel shall issue a decision to cancel the first-instance judgment and stop the settlement of the case.

3. Right of litigant to re-initiate lawsuit after withdrawing lawsuit request

According to the provisions of point g, clause 1, Article 192 of the Civil Procedure Code 2015, the judge will return the lawsuit petition in case the plaintiff withdraws the lawsuit petition.

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Legal consequences of withdrawal of lawsuit petitions in civil cases

In order to ensure the rights of the plaintiff, Clause 1, Article 7 of Resolution 04/2017/NQ-HDTP stipulates that the plaintiff has the right to file a lawsuit again when he or she has withdrawn all of his lawsuit claims.

The above are the legal provisions related to the plaintiff withdrawing the lawsuit petition in a civil case. In case you need more information or support, please contact Apolo Lawyers for the best support.

APOLO LAWYERS