sec.16Applicant or appellant may discontinue or withdraw part of P&E Court proceeding

sec.16 Applicant or appellant may discontinue or withdraw part of P&E Court proceeding

An applicant or appellant may discontinue a P&E Court proceeding started by the applicant or appellant, or withdraw part of it— by— filing a notice of discontinuance or withdrawal in the approved form; and serving a copy of the notice on each other active party to the proceeding; and filing an affidavit stating the day a copy of the notice was served on each other active party; or with the P&E Court’s leave. If, after being served with a copy of the notice, an active party wishes to make an application to the P&E Court about the P&E Court proceeding, the active party must make the application within 14 days after the day the active party was served under subrule (1) (a) . If an application is made under subrule (2) , the discontinuance or withdrawal takes effect on the day the P&E Court decides the application or a later day decided by the court. If no application is made under subrule (2) , the discontinuance or withdrawal takes effect at the end of 14 days after the latest day on which an active party was served under subrule (1) (a) . (sec.16-ssec.1) An applicant or appellant may discontinue a P&E Court proceeding started by the applicant or appellant, or withdraw part of it— by— filing a notice of discontinuance or withdrawal in the approved form; and serving a copy of the notice on each other active party to the proceeding; and filing an affidavit stating the day a copy of the notice was served on each other active party; or with the P&E Court’s leave. (sec.16-ssec.2) If, after being served with a copy of the notice, an active party wishes to make an application to the P&E Court about the P&E Court proceeding, the active party must make the application within 14 days after the day the active party was served under subrule (1) (a) . (sec.16-ssec.3) If an application is made under subrule (2) , the discontinuance or withdrawal takes effect on the day the P&E Court decides the application or a later day decided by the court. (sec.16-ssec.4) If no application is made under subrule (2) , the discontinuance or withdrawal takes effect at the end of 14 days after the latest day on which an active party was served under subrule (1) (a) .

• (a) by— (i) filing a notice of discontinuance or withdrawal in the approved form; and (ii) serving a copy of the notice on each other active party to the proceeding; and (iii) filing an affidavit stating the day a copy of the notice was served on each other active party; or
• (i) filing a notice of discontinuance or withdrawal in the approved form; and
• (ii) serving a copy of the notice on each other active party to the proceeding; and
• (iii) filing an affidavit stating the day a copy of the notice was served on each other active party; or
• (b) with the P&E Court’s leave.