The reasons for withdrawing the lawsuit shall be clearly stated.
1, whether the people's court allows the plaintiff's application for withdrawal.
2, review whether the application for withdrawal of the lawsuit is in accordance with the law, and then decide whether to allow the plaintiff to withdraw the lawsuit. ?
As for the reasons for withdrawing the lawsuit, in civil cases, it can be explained that it is because of reconciliation with the defendant, or because of insufficient evidence, it is necessary to explain that the withdrawal of the lawsuit is voluntary.
Extended data:
Key points of writing
1, and indicate the document name at the top of the home page.
2. Basic information of the applicant and the respondent: The applicant and the respondent are citizens, and the basic identity matters such as name, gender, age, nationality, place of origin, occupation and address should be stated. If the applicant and the respondent are legal persons or other organizations, the full name and address of the applicant and the name and position of the legal representative shall be stated.
3. Cause of action: The original cause of action and time indicated in the applicant's application for withdrawal of the lawsuit shall be clearly stated.
main body
State the withdrawal request and reasons.
When making, we must first make clear the reasons for the applicant to withdraw the lawsuit. There are many reasons for the parties to withdraw the lawsuit, such as: the two sides reached a settlement through consultation, the other side voluntarily fulfilled its obligations, and the appellant was willing to obey the original judgment. Then apply to drop the lawsuit.
tail
1, name of people's court.
2. Signature of the applicant. If the applicant is a legal person or other organization, it shall be stamped with the official seal of the unit.
3. Date of application.
When writing an application for withdrawal of a civil lawsuit, we should pay attention to the following points: the reasons for the applicant's withdrawal should be clearly written, because the application for withdrawal can only be examined by the people's court. It is believed that the legal effect of terminating the lawsuit will only occur if it is in compliance with the law, so the reasons for withdrawing the lawsuit should be clearly and legally written. In addition, if the prosecution or appeal is accompanied by evidence and needs to be returned, the evidence should be returned after the request is withdrawn and the reasons are explained.
Withdrawal of the lawsuit refers to the behavior of the plaintiff requesting withdrawal of the lawsuit after the people's court accepts the case and before the judgment is announced. The application for withdrawal refers to the plaintiff's written or oral request to the people's court to withdraw the lawsuit after filing a case with the court and before sentencing.
According to the withdrawal of the lawsuit, that is, although the plaintiff did not apply for withdrawal of the lawsuit, some behavior in the lawsuit has indicated that he is unwilling to continue the civil lawsuit. Therefore, the court decided to cancel the act of not hearing in court according to law. Whether the parties apply for withdrawing the lawsuit or deal with it according to the withdrawal, it will have certain legal consequences.
References:
Baidu Encyclopedia-Application for Withdrawal of Lawsuit