Glossary / Civil Procedure & Litigation

Withdrawal of action

In Swiss civil procedure, a claimant may withdraw an action to end the pending proceedings without a judgment on the merits. Depending on timing and circumstances, withdrawal may have effects comparable to an adverse outcome, particularly for costs and party compensation. It may also influence whether the same claim can be brought again, especially where procedural law treats the withdrawal as final or the defendant has relied on the pending case. Courts record the termination and decide the cost consequences. Withdrawal differs from settlement, which is based on mutual agreement.

Defined in law

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Discussed in decisions

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