§ 222.17 Withdrawal of claims; dismissal.
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Verbatim text below is from the Electronic Code of Federal Regulations (eCFR), a public-domain U.S. government work. Always verify the current version with the eCFR before relying on it for any legal matter.
Full Text
General.(a) A party may request to withdraw its own claim or counterclaim by filing a written request with the Board seeking withdrawal, and therefore dismissal. Such written request shall consist of a brief statement seeking dismissal and shall follow the procedures set forth in § 220.5(a)(1) of this subchapter.
Withdrawal before a response.(b) If the written request is received before a response to the claim or counterclaim is filed with the Board, the Board shall dismiss the claim or counterclaim without prejudice, unless all parties agree in a written stipulation filed with the Board that the claim or counterclaim shall be dismissed with prejudice.
Withdrawal after a response.final determination(c) If the written request is received after a response to the claim or counterclaim is filed with the Board, the Board shall issue a dismissing the claim or counterclaim with prejudice, unless the Board determines in the interests of justice that such dismissal shall be without prejudice or all parties agree in a written stipulation filed with the Board that the claim or counterclaim shall be dismissed without prejudice.
Effect of dismissal.(d) Dismissal of a claim or counterclaim under this section will not affect any remaining claims or counterclaims in the proceeding.
[87 FR 30077, May 17, 2022; 87 FR 36060, June 15, 2022]
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