Withdrawal of Action in a Contentious Case – Dismissal, Costs & Excel | Word/PDF

Withdrawal of Claim – Dismissal and Litigation Costs is a document package for businesses and other parties in Swedish dispositive civil cases that need to withdraw all or a specific part of their claim. With editable Word templates, searchable PDF files, and an Excel register, you can control which claims are withdrawn, the opposing party's position, and any litigation costs.

Important: A withdrawal does not automatically mean the case is dismissed. According to Chapter 13, Section 5 of the Swedish Code of Judicial Procedure, the defendant may, under certain conditions, request that the case still be heard after the withdrawal if the defendant has already entered a defense. The withdrawal may also entail liability for costs under Chapter 18, Section 5. These are private work templates, not official court forms.

What is the package used for?

Preparations when a claimant in an ongoing dispositive civil case wants to withdraw the entire claim, withdraw specific claims, or document a settlement that results in the case being dismissed. The package makes it possible to distinguish between withdrawal, limitation of a claim, settlement, dismissal, and the court's potential continued examination of the case. These actions may have different legal consequences.

File by File – Complete Document List

Document	Use	Format
01. Withdrawal of Claim	Complete withdrawal letter with court, case number, claims, and cost position	Word/PDF
02. Partial Withdrawal	Withdrawn and remaining claims, separate parts, and amounts	Word/PDF
03. Litigation Costs	Cost claims, receipts, assessment of the form of proceedings, and exceptions	Word/PDF
04. Opposing Party's Position	Defense, request for examination of the case, and position on dismissal	Word/PDF
05. Case Closure Journal	Submission, actual dismissal, court decision, and receipts	Word/PDF
06. User Guide SV	Step-by-step process control and legal limitations	Word/PDF
07. User Guide EN	English reference guidance to the Swedish source documents	Word/PDF
08. Excel Register	Dashboard and eight register tabs for administrative reconciliations	Excel

Excel Register with Nine Tabs

Dashboard, Cases, Claims, Payments, Costs, Proceedings, Decisions, Sources, and Read Me. The workbook provides status options, separate registers, and simple summaries of controlled capital and verified payments. The blank client version shows zero values and contains no fictitious party details. Excel does not have automatic cost assessment, deadline calculation, or the ability to dismiss a case.

How to Use the Package

1. Retrieve all relevant documents from the district court. Check the case number, parties, claims, any counterclaim, and the latest order.
2. Determine whether the entire claim or only specified claims should be withdrawn. Check whether a limitation of the claim could be interpreted differently.
3. Investigate whether the defendant has already entered a defense and may therefore request continued examination of the case under Chapter 13, Section 5 of the Swedish Code of Judicial Procedure.
4. Take a position on the litigation costs under Chapter 18, Section 5. Check in particular the limitations in Chapter 18, Section 8 a for simplified civil cases.
5. Clearly describe the withdrawal and any cost claims in the letter, with identified enclosures and an authorized signature.
6. Send the letter to the district court handling the case and document the actual submission.
7. Monitor the opposing party's position and the court's actual decision. Record a case as dismissed only when a decision has been made.

Legal Rules for Withdrawal

Chapter 13, Section 5 – The Defendant's Right to Continued Examination

Chapter 13, Section 5 of the Swedish Code of Judicial Procedure (1942:740) stipulates that if a claimant withdraws their claim in a dispositive case after the defendant has entered a defense, the case shall still be heard if the defendant requests it. A unilateral letter should therefore not be treated as a guaranteed decision on dismissal. This is particularly important in disputed claims or other matters where the defendant wants the case to be heard on its merits.

Chapter 18, Section 5 – Litigation Costs

The starting point is that the party who withdraws their claim upon dismissal compensates the opposing party's litigation costs, unless special circumstances lead to a different allocation. If the parties instead reach a settlement, special cost rules apply, and their agreement may be relevant. For minor disputes, Chapter 18, Section 8 a may limit which costs are compensated. The Swedish Courts' Guidance on Civil Cases also describes the risk of liability for costs upon withdrawal.

Withdrawal, Dismissal, and Settlement Are Not the Same

A withdrawal is a party's procedural action. A dismissal decision is the court's ruling to end the proceedings in the relevant part. A settlement is an agreement with its own legal consequences; it may, in some cases, be confirmed by the court. Also check for any counterclaims and remaining claims.

Frequently Asked Questions

How Do I Withdraw a Statement of Claim?

Identify the district court and the case, state exactly which claim is being withdrawn, and send a clear written notice according to the court's instructions. Monitor whether the opposing party has the right to request continued examination and check the cost issue.

Is the Case Automatically Dismissed?

No. The court determines how the withdrawal shall be handled. After the defendant has entered a defense, the defendant may, in certain dispositive cases, request that the issue still be heard, according to Chapter 13, Section 5.

Must the Claimant Pay the Opposing Party's Litigation Costs?

This is often the starting point under Chapter 18, Section 5, but special circumstances may affect it. The court's assessment and the form of proceedings in the case are decisive.

Can Only Part of the Claim Be Withdrawn?

Yes, but clearly distinguish withdrawn and remaining claims, interest, cost items, and procedural documents. A partial withdrawal does not automatically mean that other claims cease.

What Happens if the Opposing Party Has Already Paid?

Check that the payment has actually been made, which claims it concerns, and whether it affects the allocation of costs. A payment during the proceedings does not automatically mean that all cost claims fall away.

Can Excel Determine How Much of the Litigation Costs Should Be Compensated?

No. Excel only calculates its own controlled amounts and verified payments. Compensable costs and procedural consequences require individual legal examination.

Related Templates

Visit Business Agreements – Templates for statements of claim, defenses, counterclaims, and other procedural documents. The package complements the existing product Settlement Agreement but does not replace a specific agreement on final settlement.

Legal Sources and Version Information

Legal sources: Chapter 13, Section 5 and Chapter 18, Sections 5 and 8 a of the Swedish Code of Judicial Procedure and The Swedish Courts – How a Civil Case Is Handled. Version 1.0, November 1, 2026, jurisdiction Sweden. AI-assisted legal source and document review performed. No independent external legal review or court examination has been performed.