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A DBA is discontinued when the individual or partners cease to conduct business. There is no fee involved in filing a discontinuance, but the form must be purchased and completed by the filer. In the case of a partnership, a majority of those listed must sign the document.
Unless otherwise stated in the notice, stipulation or order of discontinuance, the discontinuance is without prejudice, except that a discontinuance by means of notice operates as an adjudication on the merits if the party has once before discontinued by any method an action based on or including the same cause of
A notice of discontinuance is used when a plaintiff or applicant (someone who has commenced proceedings), or an appellant (someone who is appealing a case) decides to drop the case. This means that they wont continue pursuing the case. The Court then stays the proceedings.
In any discontinued action, the attorney for the plaintiff shall file a stipulation or statement of discontinuance with the clerk of the court within 20 days of such discontinuance.
What is a Stipulation of Discontinuance and Why is it Required? It is simply a piece of paper that mainly says that I (name of the plaintiff) agree to discontinue this lawsuit. Why is stipulation of discontinuance required? It is required to finalize a particular lawsuit.