sec.17Active party by election may withdraw

sec.17 Active party by election may withdraw

An active party by election to a P&E Court proceeding may withdraw as an active party to the proceeding— by— filing a notice of withdrawal of election to co-respond 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 another active party served with a copy of the notice wishes to make an application to the P&E Court about the withdrawal of the active party by election, the other active party must make the application within 14 days after the day the other active party was served under subrule (1) (a) . If an application is made under subrule (2) , the 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 withdrawal takes effect at the end of 14 days after the latest day on which an active party was served under subrule (1) (a) . In this rule— active party by election , to a P&E Court proceeding, means an entity that has filed and served a notice of election for the proceeding under rule 15 (2) . (sec.17-ssec.1) An active party by election to a P&E Court proceeding may withdraw as an active party to the proceeding— by— filing a notice of withdrawal of election to co-respond 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.17-ssec.2) If another active party served with a copy of the notice wishes to make an application to the P&E Court about the withdrawal of the active party by election, the other active party must make the application within 14 days after the day the other active party was served under subrule (1) (a) . (sec.17-ssec.3) If an application is made under subrule (2) , the withdrawal takes effect on the day the P&E Court decides the application or a later day decided by the court. (sec.17-ssec.4) If no application is made under subrule (2) , the 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.17-ssec.5) In this rule— active party by election , to a P&E Court proceeding, means an entity that has filed and served a notice of election for the proceeding under rule 15 (2) .

• (a) by— (i) filing a notice of withdrawal of election to co-respond 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 withdrawal of election to co-respond in the approved form; and