Can I withdraw my small claims court case after it has been filed?
In Wisconsin, it is possible to withdraw a small claims court case after it has been filed. The process for withdrawing a case varies based on the stage of the case. If the case is in the pre-trial stage, a party can file an official written notice of withdrawal with the court. This is usually done by a party no longer wishing to pursue the case. However, before the court will agree to the withdrawal, the plaintiff (the person bringing the lawsuit) may have to provide security to the defendant (the person named in the lawsuit). If the case is in the trial stage, a party can withdraw their case by asking the judge for permission to do so. The judge may grant permission if they believe it is in the best interest of both parties. The court may also require the plaintiff to post a bond to cover the defendant’s costs in appearing in court. In some instances, the court may deny a request to withdraw a case. This could be due to the defendant’s costs, the circumstances of the case, or the cost of filing fees. Regardless, a party who wishes to withdraw their small claims court case should contact the court and discuss the option with the judge.
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