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Anonymous users2024-02-07The conditions for filing a civil lawsuit to withdraw the lawsuit are:
1. The plaintiff submits an application for withdrawal of the lawsuit to the people's court receiving the lawsuit in writing or orally;
2. The purpose of the application for withdrawal of the lawsuit must be legitimate and lawful;
3. The plaintiff's application to withdraw the lawsuit must be based on his true intentions;
4. It shall be submitted before the people's court receiving the lawsuit announces the judgment.
[Legal basis].Article 143 of the Civil Procedure Law.
Where the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, or leaves court without the court's permission, it may be handled as a withdrawal of the lawsuit; Where the defendant counterclaims, a judgment may be rendered in absentia.
Article 145.
Where the plaintiff applies to withdraw the lawsuit before the judgment is announced, the people's court is to rule on whether or not to allow it. Where the people's court rules not to allow the withdrawal of the lawsuit, and the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, a judgment may be rendered in absentia.
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Anonymous users2024-02-06Legal analysis: 1. When the plaintiff applies to withdraw the lawsuit, it must submit a clear application to the people's court to which the lawsuit is filed in writing or orally. 2. The purpose of the plaintiff's application to withdraw the lawsuit must be legitimate and lawful.
3. The plaintiff's application to withdraw the lawsuit must be based on his true intentions; 4. The plaintiff's application to withdraw the lawsuit shall be submitted at the latest before the judgment is pronounced by the people's court receiving the lawsuit. [Legal basis].
Civil Procedure Law of the People's Republic of China》 Article 143: Where the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, or leaves court without the court's permission, the counterclaim may be handled as a withdrawal of the lawsuit, and a judgment may be rendered in absentia.
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Anonymous users2024-02-05The withdrawal of the lawsuit must be the plaintiff or the appellant, and a third party with independent claim similar to the plaintiff's status may also apply for withdrawal of the lawsuit; The withdrawal of the lawsuit must be after the people's court accepts the case but before the judgment is rendered; The withdrawal of the lawsuit must be voluntary and lawful. It should be pointed out that the people's court may or may not allow the withdrawal of the lawsuit.
[Legal basis].Article 81 of the Supreme People's Court's Interpretation on the Application of the Administrative Litigation Law of the People's Republic of China.
Where the defendant changes the administrative act that is the subject of the lawsuit during the first-instance trial, the people's court shall be informed in writing. Where the plaintiff or a third party is dissatisfied with the changed administrative act and initiates a lawsuit, the people's court shall conduct a trial of the changed administrative act. Where the defendant changes the original Naihuiyun's illegal administrative act, and the plaintiff still requests confirmation that the original administrative act is unlawful, the people's court shall make a confirmation judgment in accordance with law.
Where the plaintiff sues the defendant for inaction, and the defendant Changliang takes an administrative act in the litigation, and the plaintiff does not withdraw the lawsuit, the people's court shall make a judgment confirming the omission in accordance with law.
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Anonymous users2024-02-04The plaintiff's purpose in applying to withdraw the lawsuit must be legitimate and lawful;
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