Can you withdraw a lawsuit in Japan?

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A party that brings a lawsuit in Japan always has the opportunity to withdraw their claim before the defendant answers.  However, once the defendant has answered the claim, the lawsuit cannot be withdrawn without the defendant’s permission.

Because a plaintiff cannot withdraw from the litigation unilaterally once the defendant answers, it is always important to plan ahead and thoroughly discuss your case with an attorney before filing a claim.  A poorly timed claim could leave the plaintiff open to counter claims from the defendant or result in a smaller settlement amount.

If you have questions about litigation in Japan, please contact our office for a legal consultation.