The verdict has come out, can the lawsuit be withdrawn if the verdict has not been received?

Where the people's court has already announced a judgment, the lawsuit must not be withdrawn. After the people's court accepts the plaintiff's lawsuit and files the case, but before the judgment is announced, the plaintiff may submit a written or oral request to the people's court to withdraw the lawsuit, and the court will rule whether to allow it. After examination and approval, the court made a ruling to withdraw the lawsuit and served it on the plaintiff and the defendant respectively.

Legal analysis

A judgment is a legal document sent by the people's court to both parties after the trial and judgment of the case. Under normal circumstances, judgments are divided into on-the-spot judgment and regular judgment, and the people's court will issue a judgment on the spot in cases where the judgment is pronounced regularly. In cases where the verdict is pronounced in court, the people's court will serve the judgment on both parties within 10 days.

The time for the delivery of the judgment is determined according to the circumstances of the service, the circumstances of the case, etc., and the methods of service of the judgment are: service by lien, direct service, entrusted service, service by mail, public notice service, etc. The most common method of service is direct service, and the people's court will send a special person to deliver the litigation documents directly to the person to be served. According to the relevant laws and regulations, the withdrawal of a lawsuit refers to the plaintiff's application to the people's court to withdraw the lawsuit previously submitted.

There are many situations in which a civil lawsuit is withdrawn, including where the plaintiff and the defendant have reached a private agreement to withdraw the lawsuit. Litigation fees are the fees that should be paid by the parties to the litigation process, including case acceptance fees and other litigation fees.

Legal basis

Civil Procedure Law of the People's Republic of China

Article 145:Where the plaintiff applies to withdraw the lawsuit before the judgment is announced, the people's court is to rule on whether 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.

Article 152:The judgment shall clearly state the outcome of the judgment and the reasons for making the judgment. The content of the judgment includes: (1) the cause of action, litigation claims, and the facts and reasons for the dispute; (2) The facts and reasons ascertained in the judgment, and the applicable laws and reasons; (3) The burden of judgment results and litigation costs; (4) the period of appeal and the court of appeal.

The judgment is to be signed by the adjudicators and clerks, and the seal of the people's court is to be affixed.

When the judgment comes out, if one of the parties or ** person receives the judgment, the lawsuit cannot be withdrawn.

If the court does not pronounce the judgment and the judgment is not served on any party or person, the plaintiff can apply to the court to withdraw the lawsuit, and the court will also rule to allow it.

Article 145 of the Civil Procedure Law: Where the plaintiff applies to withdraw the lawsuit before the judgment is announced, the people's court is to rule on whether or not it is permitted.

The judgment has been made, and the lawsuit should not be withdrawn.

Do you think the laws of the country are child's play?

Once the court verdict has been handed down, the lawsuit cannot be withdrawn. However, the first instance indictment may be withdrawn after appeal. r Before the judgment is pronounced in Article 145 of the Civil Procedure Law, if the plaintiff applies to withdraw the lawsuit, the people's court shall decide whether to approve it.

Article 338 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China provides that in the second-instance trial procedure, the people's court may permit the plaintiff's application to withdraw the lawsuit with the consent of the other parties, and it does not harm the national interest, the social public interest, or the lawful rights and interests of others. The withdrawal of the lawsuit is then granted.

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Hello, according to your description, in accordance with the provisions of the law, Article 338 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" In the second-instance trial procedure, if the plaintiff in the original trial applies to withdraw the lawsuit, with the consent of the other parties, and does not harm the national interest, the public interest, or the lawful rights and interests of others, the people's court may approve it. Where the withdrawal of the lawsuit is permitted, a ruling shall be made to revoke the first-instance judgment together.

Where the plaintiff in the original trial withdraws the lawsuit during the second-instance trial procedures and then files a lawsuit repeatedly, the people's court will not accept it.

Lawyer Hou Jinbin in Tianjin.

The judgment has come down, indicating that the trial procedure has been completed, so the lawsuit cannot be withdrawn, but the defendant can waive the right to enforce by not applying for enforcement, and accept thank you.

No, the court can't withdraw the lawsuit after it has already made a judgment! Those who are dissatisfied with the first-instance judgment may appeal within 15 days of receiving the judgment, and the judgment appealed by neither party will take legal effect.

Hello! Where the plaintiff applies to withdraw the lawsuit before the judgment is pronounced in accordance with article 145 of the Civil Procedure Law, the people's court shall rule on whether or not it is permitted.

In other words, the application for withdrawal of the lawsuit should be made before the judgment is announced, and the judgment is issued, which means that the case has been pronounced, so the lawsuit cannot be withdrawn.

No, the withdrawal of the lawsuit must be filed before the judgment. There is only one situation that can. The plaintiff won the case in the first instance, the defendant appealed, and the plaintiff voluntarily withdrew the lawsuit during the second instance.

However, if the plaintiff has already lost the lawsuit in the first instance, the lawsuit is not allowed to be withdrawn. Because the lawsuit can be withdrawn, it can be sued again, and after the judgment, the matter will be ignored.

In some cases where the evidence is obviously insufficient, the judge will generally communicate with the plaintiff and persuade the plaintiff to withdraw the lawsuit. Wait for the evidence to be collected and prosecuted again. But the plaintiff may be too stubborn to withdraw the lawsuit, so it will be difficult to have new evidence after the judgment is lost.

Although theoretically it is possible to apply for a retrial of the effective judgment. But the stakes are always greater.

No, the case cannot be withdrawn once the judgment has been pronounced. At the latest, the court will decide whether to agree or disagree with you to withdraw the lawsuit before the judgment is pronounced.

No more.

You can only have the power to withdraw your lawsuit before the court decides on it.

The court verdict has come down, and it is not possible to take a speed test, because the lawsuit has been concluded.

The verdict proves that the case has been closed and that the lawsuit cannot be withdrawn.

Hello, the judgment cannot be withdrawn, this means that the case has been heard, you can consult the local court for details.

Hello, the court judgment cannot be withdrawn, the court judgment is issued, it means that the judgment has taken effect, even if the lawsuit is withdrawn, it cannot change the result of the judgment, thank you.

Legal analysis: Once the court judgment is down, the lawsuit cannot be withdrawn. However, the first instance indictment may be withdrawn after appeal.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 170:Second-instance people's courts are to handle appeal cases separately in accordance with the following circumstances after trial:

1) Where the facts ascertained in the original judgment or ruling are clear and the law is correctly applied, the appeal is rejected by way of a judgment or ruling, and the original judgment or ruling is upheld;

2) Where the original judgment or ruling was erroneously ascertained in fact or the law was applied incorrectly, the judgment or ruling is to be changed, revoked, or modified in accordance with law;

3) Where the basic facts found in the original judgment are unclear, rule to revoke the original judgment and remand to the original people's court for new trial, or change the judgment after clarifying the facts;

4) Where the original judgment omits parties or makes an unlawful default judgment or seriously violates legally-prescribed procedures, a ruling is made to revoke the original judgment and remand to the original people's court for new trial.

Where after the original people's court makes a judgment in a case remanded for new trial, and the parties raise an appeal, the second-instance trial court must not remand for new trial again.

Article 173:Where the appellant applies to withdraw the appeal before the second-instance trial court's judgment is announced, the second-instance trial court is to rule on whether to approve it.

OK. Withdrawal of a lawsuit refers to the act of the plaintiff requesting the withdrawal of the lawsuit after the people's court accepts the case but before the judgment is announced. An application to withdraw a lawsuit means that the plaintiff submits a request to the people's court to withdraw the lawsuit in written or oral form after the court accepts the case and before the judgment is pronounced.

Article 124 of the Civil Procedure Law of the People's Republic of China: The people's courts are to handle the following lawsuits in separate circumstances:

1) Where it is within the scope of administrative litigation in accordance with the provisions of the Administrative Gross Litigation Law, inform the plaintiff to initiate an administrative lawsuit;

2) In accordance with the provisions of law, if the parties reach a written arbitration agreement to apply for adjudication and are not allowed to file a lawsuit in the people's court, inform the plaintiff to apply to the arbitration institution for arbitration;

3) For disputes that should be handled by other organs in accordance with the provisions of law, inform the plaintiff to apply to the relevant organs for resolution;

4) In cases that are not within the jurisdiction of that court, inform the plaintiff to file a lawsuit with a people's court with jurisdiction;

5) In cases where a judgment, ruling, or mediation document has already taken legal effect, and the parties file a lawsuit again, inform Yuan Yan to apply for a retrial, except where the people's court grants a ruling to withdraw the lawsuit;

6) In cases where a certain period of time must not be prosecuted in accordance with the provisions of law, and where a lawsuit is initiated within the period of time for which no prosecution is permitted, it is not to be accepted;

7) In cases where a judgment does not allow a divorce or a divorce that is reconciled through mediation, or a judgment or mediation to maintain an adoption relationship, where there are no new circumstances or new grounds, and the plaintiff files another lawsuit within six months, it is not to be accepted.

Legal Analysis: Yes. In civil cases, if the original defendant and the defendant can settle privately, the lawsuit can be withdrawn.

Legal basis: Civil Procedure Law of the People's Republic of China 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 approve it.

Where the people's court rules not to allow the withdrawal of the lawsuit, and the plaintiff refuses to appear in court without a legitimate reason after being summoned by a summons, a judgment may be rendered in absentia. Liter eggplant.

Summary. Hello dear. According to your question [Do you still need to withdraw the lawsuit after the judgment comes down] The following is the result of my legal analysis: If the court judgment comes down, the lawsuit cannot be withdrawn.

Hello dear. According to your question [Do you still need to withdraw the lawsuit after the verdict comes down] The following is the result of my legal analysis: Which court judgment comes down, you can't withdraw the lawsuit.

Legal basis: Civil Procedure Law of the People's Republic of China 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 approve 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. 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, it may be handled as a withdrawal of the lawsuit; Where the defendant counterclaims, a judgment may be rendered in absentia.

Measures for Payment of Litigation Fees》 Article 34: Where the plaintiff or appellant in a civil case applies to withdraw the lawsuit, and the people's court rules to allow it, the plaintiff or appellant is to bear the case acceptance fee. Where the defendant in an administrative case modifies or revokes a specific administrative act, and the plaintiff applies to withdraw the lawsuit, and the people's court rules to allow it, the defendant is to bear the case acceptance fee.