Instruction
1
In practice there are often situations when the need for trial civil dispute anymore. This happens, for example, if the obligation under the agreement was executed voluntarily. In such cases filed and not scheduled for consideration in court of the first instance of the application may be withdrawn.
2
For this you need to contact the court (through the office) with a request to return the application form (authority: part 3 of article 129 of the Russian Federation, item 6 of part 1 of article 135 GPK the Russian Federation). In order to be able to identify and interrogate the return statement, the application must indicate the date of sending the application to the court, the contents of the requirements, the names of the parties of legal disputes, the reasons for the opinion statements, etc.
3
If the court has already appointed a preliminary hearing on a submitted application, the request for his return may be filed directly at this meeting. The petition is usually submitted in written form to the judge hearing the case. It is also possible that the petition will be presented orally and recorded in the minutes of the preliminary hearing.
4
Theoretically, a petition for the return of the application may be sent by registered mail with return receipt requested, but it may take some time and trial will still be excited. Then you will need to act in accordance with the step 3, and there is nothing wrong except wasting precious time.
5
With regard to the consequences of withdrawal of a Declaration from the court, by itself, filing the petition for the return of the application does not preclude re-applying to the court on the same basis and with the same requirements. But you need to take into account the objective circumstances, for example, the Statute of limitations, etc.
6
In the event of a return application submitted to the court, returned and paid into the Treasury, onthe court'spublic duty (article 333.40 of the Tax code of the Russian Federation). The fee can be also read in case of submitting the same person other claims, if payment is provided by the tax code.