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What is a Notice of Discontinuance? If a Claimant discontinues a claim against a Defendant which they have pursued, they will do so by filing a Notice of Discontinuance to the relevant Court.
To formally notify the plaintiff (the person bringing the case) and the court that you intend to defend the case, you enter an appearance after a summons is served on you. Defending a case.
(1) Discontinuance against any defendant takes effect on the date when notice of discontinuance is served on him under rule 38.3(1). (2) Subject to rule 38.4, the proceedings are brought to an end as against him on that date. (3) However, this does not affect proceedings to deal with any question of costs.
An Appearance form (JD-CL-12) is the official court form filed with the Court Clerk that places your name and address on file with the Court. It also tells the court that you know about the case and that you are going to represent yourself in the case.
23.03. 1 Where a defendant wishes to object to the jurisdiction, to the originating process, or to the service of the originating process, the defendant may file a conditional appearance. 23.03.
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dis​con​tinu​ance ˌdis-kən-ˈtin-yə-wən(t)s. -y-ən(t)s. : the act or an instance of discontinuing. : the interruption or termination of a legal action by the plaintiffs not continuing it.
Discontinuance In Small Claims It is a straight forward form to complete and once sent to court, will be put before a Judge to approve. Generally, Judges will approve this unless there is good reason not to. As well as sending it to the court, you should send it to the Defendant.
The notice of discontinuance simply informs the court that the case has been discontinued either without or with prejudice. After this point, the case will usually be closed without further action, and the parties and their lawyers will be discharged from any further responsibility with the lawsuit.
Cessation; ending; giving up. The discontinuance of a lawsuit, also known as a dismissal or a non-suit, is the voluntary or involuntary termination of an action.
The notice of discontinuance simply informs the court that the case has been discontinued either without or with prejudice. After this point, the case will usually be closed without further action, and the parties and their lawyers will be discharged from any further responsibility with the lawsuit.

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