Chapter Six CONCLUSION OF ACTION NOT BASED ON JUDGMENT
217. (Discontinuance of action)
1. A plaintiff may discontinue all or part of an action until a final judgment is
rendered.
2. After the defendant has, on the merits of the action, submitted a preparatory
document, made statements in preparatory proceedings for argument, or presented
oral argument, a plaintiff's attempt to discontinue the action shall be ineffective
unless the defendant's agreement thereto is obtained. However, this shall not apply
to the discontinuance of a cross-action where the principal action has been
discontinued.
3. Discontinuance of an action shall be made in writing. However, this shall not
preclude it from being effected orally on a date set for oral argument, preparatory
proceedings for argument or compromise.
4. In the cases described in the first sentence of Paragraph 2, if the discontinuance of
the action is made in writing, such writing shall be served on the defendant, while
if the discontinuance of the action is made orally on a date set for oral argument,
preparatory proceedings for argument or compromise, a certified copy of the
protocol for that date shall be served on the defendant. However, this shall not
apply to cases where the discontinuance of the action is made orally on a date set
for oral argument, preparatory proceedings for argument or compromise, and the
defendant appeared before the court on such date.
5. Where the defendant does not make an objection within two weeks from the date
of service of a written discontinuance of the action, the defendant shall be deemed
to have consented thereto. The same shall apply to cases where the discontinuance
of the action was made orally on a date set for oral argument, preparatory
proceedings for argument or compromise, if the defendant does not make an
objection within two weeks from the date on which the action was discontinued if
the defendant appeared on such date, or, if the defendant did not appear on such
date, from the date on which the copy of the protocol referred to in Paragraph 4
was served.
218. (Effect of discontinuance of action)
1. A discontinued action or part thereof is deemed to have never been pending before
the court.
2. A party who discontinues an action after a final judgment is issued on the merits
may not thereafter bring the same action.
219. (Construction of discontinuance of action)
Where both parties fail to appear on the date set for oral argument or for preparatory
proceedings for oral argument, and do not within one month make a motion to set a
subsequent date therefor, the action shall be deemed to have been discontinued. The
same shall apply to cases where both parties, on two consecutive occasions, fail to
appear on the dates set for oral argument or preparatory proceedings for argument.
220. (Compromise settlement of action)
1. The parties may effect a compromise settlement of the action on a date set for oral
argument, preparatory proceedings for argument or compromise.
2. The compromise settlement referred to in Paragraph 1 may be entered into outside
the courtroom if such disposition is deemed proper by the court.
221. (Abandonment or acknowledgment of claim)
An abandonment or acknowledgment of a claim shall be made on a date set for oral
argument, preparatory proceedings for argument or compromise.
222. (Effect of written compromise settlement, etc.)
Where a compromise settlement or an abandonment or acknowledgment of claim has
been entered in the protocol of the case, such entry shall have the same effect as a final
judgment.
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