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Difference between revisions of "How Do I Stop a Family Law Action in the Supreme Court?"

From Clicklaw Wikibooks
From staging 2024
(From staging 2024)
 
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{{JP Boyd on Family Law How Do I TOC|expanded=starting}}
{{JP Boyd on Family Law How Do I TOC|expanded=starting}}


Only the claimant to a Supreme Court proceeding can stop the court proceeding without the proceeding going to trial or being settled.  
Only the claimant to a Supreme Court proceeding can stop the court proceeding before the proceeding goes to trial or is settled.  


No one can stop a court proceeding for the claimant or force the claimant to stop a proceeding.
No one can stop a court proceeding for the claimant or force the claimant to stop a proceeding.
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While there is no fee charged to file a Notice of Discontinuance, Rule 11-4(4) says that the respondent may be entitled to claim their court costs of the proceeding up to the date it is discontinued.
While there is no fee charged to file a Notice of Discontinuance, Rule 11-4(4) says that the respondent may be entitled to claim their court costs of the proceeding up to the date it is discontinued.


==More information==
The discontinuance of a claim does not itself prevent a claimant from commencing a new proceeding later, including a later proceeding for the same (or substantially the same) claims that were discontinued.


You can find more information about Supreme Court procedure in the chapter [[Resolving Family Law Problems in Court]] within the section [[Starting a Court Proceeding in a Family Matter]].


 
{{REVIEWED | reviewer = [[Julie Brown]], September 21, 2023}}
{{REVIEWED | reviewer = [[Megan Ellis| Megan Ellis, QC]], June 10, 2019}}


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{{Creative Commons for JP Boyd}}
{{Creative Commons for JP Boyd}}


[[Category:How Do I?|S]]
[[Category:Helpful Guides & Common Questions|S]]
[[Category:Starting a Family Law Action]]
[[Category:Starting a Family Law Action]]
[[Category:JP Boyd on Family Law]]
[[Category:JP Boyd on Family Law]]