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Court Procedures Rules
1161Discontinuance or withdrawal of counterclaim by
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1161 Discontinuance or withdrawal of counterclaim by
A defendant may discontinue a counterclaim, or withdraw part of it—
(a) before being served with the plaintiff’s answer to the
counterclaim; or
(b) after being served with the plaintiff’s answer to the
counterclaim—only with the court’s leave or the agreement of
the other active parties.
Rule 1162