When should a notice of discontinuance be filed?
General information. A notice of discontinuance may be filed: – 14 days before the final hearing date, – with leave of the Court if less than 14 days before the final hearing date.
What happens when you file a notice of discontinuance?
A notice of discontinuance is used when a plaintiff or applicant (someone who has commenced proceedings), or an appellant (someone who is appealing a case) decides to ‘drop the case’. This means that they won’t continue pursuing the case. The Court then stays the proceedings.
What is notice of discontinuance?
If your proceeding is a creditor’s petition, a divorce, or a family law proceeding relating to the property of a party and one of the parties to the proceeding has died, you will need to obtain leave of the Court or a registrar before you can file this notice of discontinuance.
What does it mean when a Court case has been discontinued?
It does not require the Court’s agreement. It is different from ‘offering no evidence’ because it does not lead to an acquittal. Discontinuance does not need the permission of the court – or any court hearing at all. The charge is not dismissed, the prosecution merely ceases to continue.
When to file notice of discontinuance in federal court?
The case stops in its tracks and the proceedings don’t continue. However, if a matter has been set for trial, there are sometimes time limits by which they should file it. For example, if you’re filing in the Federal Court of Australia, you must do so within more than 14 days of the final hearing date.
How to file Form 33 notice of discontinuance?
Form 33 (version 1)\UCPR 12.1 NOTICE OF DISCONTINUANCE COURT DETAILS Court Local Court #Division Small Claims Division #List Delete or leave blank Registry Court where the statement of claim filed Case number Case number given when statement of claim filed
How to read ucpr form 33 notice of discontinuance?
NOTICE OF DISCONTINUANCE COURT DETAILS Court Local Court #Division Small Claims Division #List Delete or leave blank Registry Court where the statement of claim filed Case number Case number given when statement of claim filed TITLE OF PROCEEDINGS
How to file a role of party discontinuance form?
#The [role of party] discontinues these proceedings so far as they concern [role of party or parties being discontinued against]. The [role of party] does not represent any other person. #Each active party consents to the discontinuance. #This notice of discontinuance has been filed with the leave of the court granted on [date]. SIGNATURE