ACTIn ForceRegulation
Court Procedures Rules
1160Discontinuance or withdrawal by plaintiff
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1160 Discontinuance or withdrawal by plaintiff
(1) A plaintiff may discontinue a proceeding, or withdraw a part of it, at
any time before the court sets a date for the hearing of the originating
(2) A plaintiff may discontinue a proceeding, or withdraw part of it, at
any other time only with the court’s leave or the agreement of the
other active parties.
(3) Also, if there is more than 1 plaintiff, or a counterclaim against a
plaintiff, a plaintiff may only discontinue or withdraw with the court’s
leave or the agreement of the other active parties.
(4) A plaintiff may discontinue against 1 or more defendants without
discontinuing against other defendants.
(5) Each party who agrees to a proceeding being discontinued, or part of
it being withdrawn, must agree in writing.