ABSTRACT
A claimant may discontinue all or part of a claim without the permission of the court; however, permission to discontinue is required where: (a) a party has given an undertaking to the court, or the court has granted an interim
injunction; (b) the claimant has received an interim payment and the defendant who made the
payment has not consented in writing to the discontinuance; or (c) there is more than one claimant and the other claimants have not consented to
discontinuance by one of them.39
