If a party applies for withdrawal of the lawsuit, it shall pay the case acceptance fee by half. If the plaintiff in a civil case applies to withdraw the lawsuit and the people's court decides to allow it, the costs of accepting the case shall be borne by the plaintiff and the legal costs shall be borne by the parties themselves. If the defendant changes or cancels a specific administrative act in an administrative case, and the plaintiff applies for withdrawal of the lawsuit, and the people's court decides to allow it, the case acceptance fee shall be borne by the defendant.
Withdrawal of a lawsuit is an activity in which the plaintiff voluntarily withdraws the lawsuit request and applies to the people's court to terminate the lawsuit procedure during the litigation process from filing a case to judgment and ruling, and it is also an activity in which the plaintiff disposes of the procedural rights of the lawsuit request. Withdrawal of a lawsuit means that after the case is concluded, the plaintiff applies to withdraw the lawsuit or appeal before the court session. The people's procuratorate may withdraw the public prosecution and protest filed with the people's court according to law, and once the lawsuit is withdrawn, the lawsuit will be terminated.
legal ground
Measures for the administration of payment of legal fees
Fifteenth cases closed by mediation or the parties apply for withdrawal of the case, the case acceptance fee will be paid by half. Article 18 If the defendant files a counterclaim, and the third party has an independent claim related to the case, and the people's court decides to join the trial, it shall pay the case acceptance fee by half each. Nineteenth in accordance with the provisions of Article 9 of these measures, the retrial case that needs to pay the case acceptance fee shall pay the case acceptance fee according to the amount of the retrial request that refuses to accept the original judgment. Twenty-first parties to change the amount of litigation request, the case acceptance fee shall be handled in accordance with the following provisions:
(1) If the parties increase the amount of claims, they shall make up the amount according to the increased amount of claims;
(2) Before the end of the court investigation, if the parties propose to reduce the amount of litigation claims, they shall be refunded according to the reduced amount of litigation claims. Article 22 The plaintiff shall pay the case acceptance fee within 7 days after receiving the notice of the people's court to pay the legal fee; In a counterclaim case, the party who files a counterclaim shall pay the case acceptance fee within 7 days from the day after filing the counterclaim.
The case acceptance fee for an appeal case shall be paid in advance by the appellant when submitting an appeal to the people's court. If both parties appeal, they shall pay in advance respectively. If the appellant fails to pay the legal fees in advance during the appeal period, the people's court shall notify him to pay in advance within 7 days.
The application fee shall be paid in advance by the applicant when filing the application or within the time limit specified by the people's court.
If a party fails to pay the litigation fees within the time limit and does not apply for judicial assistance, or the application for judicial assistance is not approved and fails to pay the litigation fees within the time limit specified by the people's court, the people's court shall handle it in accordance with relevant regulations.