The relevant regulations for withdrawing the lawsuit are as follows:
1. The applicant must be the plaintiff, the appellant and their legal representative, and the litigation agent specially authorized by the plaintiff can also apply to withdraw the lawsuit;
2. Withdrawal of a lawsuit must be voluntary. Applying to withdraw a lawsuit is an act by the plaintiff to dispose of its substantive and litigation rights. Unless the plaintiff expresses his clear intention, no one may force the plaintiff to apply for withdrawal of the lawsuit, and the judge may not mobilize the plaintiff to apply for withdrawal of the lawsuit under any pretext.
3. The withdrawal of the lawsuit must be legal. The time to apply for withdrawal of a lawsuit must be after the court accepts the case and before the judgment is pronounced. The person applying to withdraw the lawsuit must be a person who has the right to apply to withdraw the lawsuit;
4. The withdrawal of the lawsuit must be ruled by the People's Court. When a party exercises the right to impose penalties, it must apply to withdraw the lawsuit within the scope permitted by law. The People's Court shall conduct review in accordance with the law. If the application meets the requirements, the case will be ruled withdrawn. If the application does not meet the requirements, the application will be dismissed and the case will continue to be heard. Regardless of whether the withdrawal of the lawsuit is allowed, the parties must be informed through a ruling.
The method of applying for prosecution is as follows:
1. To file a lawsuit, a complaint should be submitted to the People’s Court and copies should be submitted according to the number of defendants;
2. There must be a clear The specific defendant must be able to clearly identify who the other party is;
3. Prepare evidence materials, as follows:
(1) Indictment;
(2) Evidence materials;
(3) The plaintiff’s ID card and information proving the defendant;
(4) If entrusting another person to act as an agent in the lawsuit, submit a clearly authorized power of attorney and the trustee A copy of your ID card, and provide the original for inspection;
(5) If you entrust a lawyer to represent you in litigation, you must submit a clearly authorized power of attorney and a certificate from the entrusted law firm, a letter, and a copy of the lawyer's certificate File;
4. Bring the legal fees and file a case with the court.
To sum up, the parties can apply to the court to withdraw the lawsuit, and the court will make a decision to withdraw the lawsuit. The parties concerned may apply for prosecution again and submit corresponding evidence materials.
Legal basis:
Article 148 of the "Civil Procedure Law of the People's Republic of China"
If the plaintiff applies to withdraw the lawsuit before the judgment is pronounced, whether it is allowed or not? decided by the people's court.
If the People's Court decides not to allow the lawsuit to be withdrawn, and if the plaintiff refuses to appear in court without justifiable reasons after being summoned by subpoena, a default judgment may be made.