What Does Withdrawal of Action by Plaintiff Mean?
Full Question:
Answer:
It likely means that the plaintiff voluntarily withdrew/dismissed the case. We suggest you call the clerk of courts to verify. Sometimes a case may be dismissed by the court (involuntarily) and sometimes a case may dismissed by the plaintiff (voluntarily). It is still possible that the case may be refiled at a later date. It may have been filed due to many reasons, such as a change of mind about the merits of the case, a need to obtain a new attorney, a need to postpone the matter due to travel, or many others.
Please see the following CT statutes:
Sec. 52-80. Nonsuits and withdrawals; costs.
If the plaintiff, in any action returned to court and entered in
the docket, does not, on or before the opening of the court on the
second day thereof, appear by himself or attorney to prosecute such
action, he shall be nonsuited, in which case the defendant, if he
appears, shall recover costs from the plaintiff. The plaintiff may
withdraw any action so returned to and entered in the docket of any
court, before the commencement of a hearing on the merits thereof.
After the commencement of a hearing on an issue of fact in any such
action, the plaintiff may withdraw such action, or any other party
thereto may withdraw any cross complaint or counterclaim filed therein
by him, only by leave of court for cause shown.
Sec. 52-82. Withdrawal when court not in session or before return day.
The plaintiff may withdraw a civil action when the Superior Court
is not in session or at any time before the return day, by filing in
the clerk's office a written notice of the withdrawal, signed by
himself or his attorney, specifying the action withdrawn and the time
of withdrawal. The clerk shall enter the action on the docket of the
court, at or before its next return day, with a note of the withdrawal
and of its date.
