| Dictionary |
|
discontinuance Where the plaintiff in an action voluntarily puts and end to it. Discontinuance is only applicable to proceedings commenced by writ of summons. The plaintiff may within 14 days after service of defence on him discontinue his action by serving on the defendant a notice to discontinue. Otherwise, a plaintiff cannot discontinue without leave. The effect is that the plaintiff has to pay the defendants costs, but he may commence another action for the same cause . A defendant may withdraw his defence at any time. He may discontinue a counterclaim within 14 days after service of a defence to the counterclaim and later by leave of the court. He must pay the cost of the plaintiff . If all parties consent the action may be withdrawn without the leave of the court. |