Form 2.37	Notice of discontinuance or withdrawal
Court Procedures Rules 2006
(see r 1165 (Notice of discontinuance or withdrawal))
In the *[Supreme/Magistrates] Court of the Australian Capital Territory

No *[SC/MC]		of (year)

(name)
Plaintiff

(name)
Defendant

Take notice that the plaintiff *[discontinues the proceeding against the *[first] defendant/withdraws the part of the proceeding against the *[first] defendant by which the plaintiff claims (state relief to be withdrawn)].

The plaintiff certifies that the plaintiff does not represent any other person in the proceeding. 
Note	If a party does represent someone else in a proceeding, the party may discontinue the proceeding, or withdraw part of it, only with the court’s leave (see r 1166 (Discontinuance or withdrawal by party representing someone else etc)).
Date:
(signature of plaintiff/plaintiff’s solicitor)
(name of plaintiff/plaintiff’s solicitor)
To the *[defendant/defendant’s solicitor]:
* Agreement of defendant to *[discontinuance/withdrawal]
*[I, (name of defendant), agree/The defendant, (name of defendant), agrees] to *[the discontinuance of the proceeding/the withdrawal of the part of the proceeding stated by the plaintiff in this notice].
Date:
(signature of defendant/defendant’s solicitor)
(name of defendant/defendant’s solicitor)
Note	A plaintiff may discontinue a proceeding, or withdraw part of it, at any time before a certificate of readiness is filed, the court directs that the proceeding be given a listing hearing or the court sets a hearing date for the proceeding (see r 1160 (1) (Discontinuance or withdrawal by plaintiff). If a certificate of readiness has been filed, the court has directed that the proceeding be given a listing hearing or a hearing date has been set for the proceeding, or there is more than 1 plaintiff or a counterclaim against a plaintiff, the plaintiff may discontinue the proceeding, or withdraw part of it, only with the court’s leave or the agreement of the other active parties (see r 1160 (2) and (3)).

*omit if, or whichever is, inapplicable

Endnotes
This republication includes amendments made under the Legislation Act, part 11.3 (Editorial changes).

©  Australian Capital Territory 2006