A cessation is a notice filed by a plaintiff to end a civil suit. Only the plaintiff can file it, and the defendant cannot stop it. Filing a cessation drops the case, but the plaintiff can file another lawsuit on the same facts in the future. The procedure for filing a cessation differs by jurisdiction, and an involuntary dismissal can be issued by the court under certain circumstances.
A cessation is the legal term for a formal notice filed by a plaintiff in court and served on the defendant to terminate a civil suit. A civil suit is a legal action brought by a plaintiff against a defendant. Since the plaintiff is the one who initiates the litigation, only he can file a notice of cessation.
Defendants cannot stop a lawsuit from being dropped if the plaintiff files a waiver. The courts consider the plaintiff in a civil action to be the owner of the lawsuit. Civil procedure allows the plaintiff to use this type of dismissal as an organized retirement from litigation, if the plaintiff chooses to do so. Even if the defendant wants the litigation to be conducted for the purpose of claiming or in the hope of obtaining costs, he has no authority to prevent the dismissal once the plaintiff requests an end to the action. A defendant’s only recourse is to file a separate action against the plaintiff if he has an cognizable cause of action.
Filing a notice of cessation effectively drops the case, but it doesn’t necessarily prevent the plaintiff from filing another lawsuit on the same facts at a future date. Action would be requested and granted before the case is decided on its merits. Once granted, it means there has been no judgment of success or defeat on matters. The plaintiff would be free to pursue the matter again, provided the court did not dismiss the case under a pre-emptive provision and any future lawsuit complied with general restrictions on dismissal, such as a statute of limitations.
The procedure for filing a waiver notice with a court differs by jurisdiction, and the proper procedure should be available in the court’s formal rules for civil procedure. In the UK, for example, the rules for filing are found in the Court’s Rules of Civil Procedure. In British Columbia, Canada, the rules relating to notices of termination can be found in the British Columbia Court Rules.
Although the civil procedure of most jurisdictions has provided that the waiver notice be used voluntarily by the plaintiff, the court can issue an involuntary dismissal if the circumstances warrant it. An involuntary suspension would likely prejudge the court against any future lawsuits on the same issue unless the reasons behind the dismissal have been addressed. Reasons for an involuntary dismissal could include poor pleadings or misconduct on the part of the parties.
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