Form 20 – Notice of Withdrawal

Jurisdiction: Canada — British Columbia

What is a Form 20 – Notice of Withdrawal?

Form 20 — Notice of Withdrawal is a standard court form you use to tell the registry and every other party that you are not going ahead with a document or step you previously filed. In plain terms, it is how you formally stop or “pull back” an application, reply, counter-application, or other request you put before the court. Filing the notice takes your withdrawn item off the active list so the matter will not be heard or decided based on that filing.

Who typically uses this form?

Self-represented parties use it often, but lawyers and agents also use it for their clients. You might be an applicant who reached a settlement and no longer needs an upcoming hearing. You might be a respondent who filed a reply or a counter-application and changed strategy. You might have filed in error or discovered the issue belongs in a different process. In all these cases, Form 20 is the correct way to update the court record and notify the other side.

Why would you need this form?

• You settled. If you and the other party have a written agreement, you may not need the court to decide your application. Withdrawing the application avoids an unnecessary hearing.
• Your circumstances changed. For example, payments are now up to date, or parenting time is no longer in dispute, so your previous request is not needed.
• You filed the wrong thing or filed twice. If you filed an outdated version, filed in the wrong registry, or submitted duplicate documents, you can withdraw the one you do not need.
• You want to narrow the issues. You can withdraw one part of your case to focus on the remaining issues.
• You prefer to refile later. You might need more time to gather evidence or to meet a legal requirement, so you withdraw now and plan to refile within the allowed timelines.

Typical usage scenarios

• A family applicant withdraws an interim application because the parties reached interim arrangements. The main case continues, but that specific application is removed.
• A respondent withdraws a counter-application after choosing to address the issue through negotiation rather than litigation.
• A party discovers a jurisdiction problem and withdraws to bring the matter in the proper forum.
• A party who filed an urgent application resolves the issue and withdraws to free the court time and avoid a costs discussion on the hearing date.

Form 20 is not used to cancel an order already made. If an order exists and you want it changed or ended, you must seek a new order. Withdrawal stops a pending request; it does not erase orders on the file. It also does not remove the other party’s claim or application. It affects only what you identify as withdrawn.

Finally, do not confuse this form with documents a lawyer uses to stop acting for a client. If the goal is to remove or change representation, there is a different process. Form 20 is for withdrawing a party’s filing or step, not a lawyer’s appointment.

When Would You Use a Form 20 – Notice of Withdrawal?

You use Form 20 when you decide not to proceed with something you filed and you want to make that decision official. The timing is important. If you have a hearing date coming up, file and serve the notice as soon as you know you are withdrawing. That allows the registry to vacate the hearing and avoids wasting court time.

Practical examples

• You filed an application for temporary financial relief. Before the hearing, you and the other party exchange updated financial information and agree on a payment plan. You file a Notice of Withdrawal to remove your application so the hearing does not proceed.
• You filed a reply that included a counter-application for a parenting order. After a case conference, you decide to pursue mediation. You withdraw the counter-application so only the reply remains on the record.
• You realized your application duplicated one already set for hearing. You withdraw the duplicate to avoid confusion and keep only the correct hearing.
• You mistakenly filed in the wrong registry. You withdraw the misfiled document, then refile in the correct location.
• You requested an urgent date. The urgency passes because the issue resolved itself. You withdraw to avoid a costs discussion over an abandoned urgent application.

Typical users

• Applicants
• Respondents
• Any party who filed an application, counter-application, or other procedural request that is no longer needed
• Business owners
• Landlords
• Tenants
• Self-represented family litigants

The common thread is simple: you have something pending before the court that you now wish to discontinue, either in full or in part.

Think about whether you need withdrawal or an adjournment. If you still want the court to decide, but need more time, an adjournment request is the better path. Withdrawal ends the specific request. You will lose any scheduled hearing time for that item and may need to refile and reschedule from the start if you change your mind.

Also consider any deadlines or limitation periods. Withdrawing does not pause or extend time limits. If there is a fixed deadline to bring your claim or application, withdrawing close to that deadline may risk losing the right to refile. If timelines matter in your case, check them before you withdraw.

Legal Characteristics of the Form 20 – Notice of Withdrawal

A filed and properly served Notice of Withdrawal is legally effective because it is part of the court record. It communicates to the registry and the parties that the identified filing is discontinued. Once stamped by the registry and served, the withdrawn document should not be heard or decided. The registry will mark it withdrawn, and if there is a hearing set only for that item, the registry may vacate the date.

Enforceability comes from three things

• Filing in the correct file with the right information. The registry must be able to match your notice to the exact case and document you are withdrawing.
• Clear identification of what you are withdrawing. Vague or broad wording can cause disputes. You should state the type of document, its date, and, if needed, the specific relief you are abandoning.
• Prompt service on each party or their lawyer or agent. The other side must know you are not proceeding so they do not prepare or attend needlessly.

The notice binds you on the identified filing. You cannot expect the court to grant the relief you withdrew. That said, the court keeps control of its process. In limited situations, the court may impose terms when a withdrawal happens late or after significant effort by the other side. Costs are a common example. If the other party spent money preparing for a hearing that you cancel late, they can ask the court to order costs against you. Whether that happens will depend on timing, reasonableness, and any agreements between you.

A Notice of Withdrawal does not decide the merits of the underlying issues. It simply removes the specific request from the court’s active list. It does not dismiss with prejudice unless a rule or an order says so. In most situations, you may bring a similar request again later, if time limits allow and if circumstances justify it. However, repeated withdrawals can attract cost consequences or case management directions.

Withdrawal is also not a tool to avoid an existing order to pay costs or follow a direction. If the court has already ordered you to do something, withdrawing a future application does not cancel that order. You still must comply.

Finally, the notice affects only your filing. If the other party has a claim, reply, or counter-application of their own, those remain live unless they also file a notice or the court orders otherwise. If your hearing was set together with the other party’s application, the registry may keep the date to hear what remains. Expect to clarify that with the registry after you file.

How to Fill Out a Form 20 – Notice of Withdrawal

Set aside 15–30 minutes to complete the form. Have your file number, the exact title of your case, and the document you intend to withdraw in front of you. If you have a hearing set, have the notice of hearing handy. Follow these steps.

1) Identify the court file

• Court registry location: Enter the city or location of the registry where your case is filed. This must match the file you are withdrawing from.
• File number: Copy it exactly from your existing documents. A single digit off can delay processing.
• Style of cause (case name): Write the full names of the parties as they appear on the file. Do not shorten names or switch the order. If there are multiple parties, include them all in the same order.

2) Identify yourself and your role

• Your full name: Use the same spelling as in the court file.
• Your role: Indicate whether you are the applicant, claimant, respondent, or other party. This helps the registry and other parties understand which filing you are withdrawing.

3) Describe what you are withdrawing

• Name the document: State the exact type of document (for example, Application, Counter-Application, Reply with Counter-Application, Notice of Motion, or other specific filing).
• Date of the document: Provide the date you signed or filed the document you now withdraw. If you filed multiple related documents, list each one. If space is tight, use an attached schedule and reference it (for example, “See Schedule A”).
• Scope of withdrawal: Say whether you are withdrawing the entire document or only specific parts. If it’s partial, describe the specific relief or paragraphs you withdraw. Be precise. For example: “I withdraw paragraphs 1 and 3 of the relief sought in the Application filed June 3, 2025.”

4) Address any scheduled hearing

• Upcoming date: If a hearing is scheduled only for the document you are withdrawing, write the date, time, and registry. State that you request the hearing be vacated as the application is withdrawn. If the hearing includes other matters, say so, and clarify that those matters should proceed unless the court directs otherwise.
• Availability: If appropriate, add a short note that the parties will file any consent order or new scheduling request separately. Do not use the notice of withdrawal to ask for an adjournment. If you want an adjournment instead of withdrawal, stop and consider a different procedure.

5) Service information and addresses for service

• Your address for service: Confirm your current address for service on the form. Include email and phone if the form provides space. This is how you will receive communications about any costs or follow-up.
• Other parties’ addresses for service: You will need them to serve the notice after filing. If a party has a lawyer or agent on record, serve the representative at their address for service.

6) Signature

• Who signs: You must sign if you are self-represented. If you have a lawyer or agent, they may sign for you if authorized. If you are signing for a company or other entity, state your position (for example, “Director”).
• Signature date and place: Complete both. Use the date you actually sign. The date matters for timelines and service.

7) Attach any schedule (if needed)

• Use a schedule if you are withdrawing multiple documents, if your partial withdrawal needs careful wording, or if you want to attach a short explanation agreed by both parties. Label the schedule clearly (Schedule A) and refer to it in the body of the form.
• Do not attach evidence or settlement terms. This form is not the place to file affidavits or agreements. If you reached a settlement and want an order, file the appropriate consent materials separately.

8) File the form

• File at the same registry as your case. You can file in person or, if available to you, by the accepted remote method for your file type. Ask the registry if you are unsure which options you have.
• Ask for a stamped copy for your records. You will use this copy to serve the other party.

9) Serve the notice

• Serve every other party or their representative. Use the service method allowed for your case. If you have consent to serve by email, use it and keep the email and any delivery confirmation. If not, use another accepted method. Serve as soon as possible, especially if a hearing is scheduled.
• Keep proof of service. This can be an affidavit of service, a process server’s certificate, or email delivery records. You may need it if there is a dispute about costs or hearing attendance.

10) Follow up with the registry

• If a hearing date exists, call or visit the registry to confirm it is vacated. If other matters remain on the same date, confirm what will proceed.
• If the other party requested costs, be ready to address that. The court can decide costs even if you withdraw. Consider whether you and the other party can agree on costs to avoid another appearance.

Practical tips and common pitfalls

• Be specific. Vague withdrawal language causes confusion. Identify the document by type and date, and state whether the withdrawal is full or partial.
• Do not rely on a phone call. Telling the registry or the other party that you intend to withdraw is not enough. File and serve the notice.
• Watch the timing. Withdrawing very late may lead to a costs request. If you know early, file early.
• Keep your options open if needed. If you might refile later, do not include language that suggests a permanent abandonment, unless that is your intention or part of a settlement.
• Withdrawal is not a shortcut to cancel orders. Existing orders remain in force until changed by a new order.
• Choose the right tool. If your goal is an adjournment, extension, or amendment, use the procedure for that. Withdrawal ends the identified request.
• Coordinate with the other party. If you settled, consider filing a consent order to record the terms. A withdrawal alone does not create an enforceable settlement.

If you are withdrawing because you filed in error, consider adding a short note in a schedule: “This application is withdrawn because it was filed in error. The applicant intends to proceed in the correct registry.” This can reduce confusion and cost arguments. Keep the note factual and brief.

If you are withdrawing only part of a filing, double-check how your partial withdrawal affects the rest. For example, withdrawing one relief paragraph in an application might affect related evidence. Make sure the remaining relief is still clear and supported.

If you represent a company or organization, make sure you have authority to withdraw. If your authority could be questioned, attach a short declaration or resolution as a schedule confirming your signing authority. Keep it simple.

Final checks before you submit

• Names and file number match your case exactly.
• The withdrawn document is clearly identified by type and date.
• Any hearing details are accurate.
• Your signature and date are present.
• Any schedule is attached and referenced in the form.
• You have a plan to serve and to keep proof of service.

After you file and serve, update your calendar. Remove any hearing you asked to vacate and set a reminder to confirm the registry’s update. If you plan to refile later, diarize any limitation or deadline that applies to your matter.

Legal Terms You Might Encounter

• Proceeding means the overall court or tribunal file. Your Form 20 tells the registry you are withdrawing something within that proceeding. You might withdraw the entire proceeding, or only a specific application or step. Be clear which you mean. The wording on your form should match what you intend to stop.
• Application is a request for an order within the proceeding. If you filed an application and no longer want it heard, you use Form 20 to withdraw that application. This does not necessarily end the whole case. It only stops that request unless you say otherwise.
• Party is anyone named on the court file, like the claimant, applicant, respondent, or defendant. You must list the correct parties on Form 20. You also must serve all other parties after the registry accepts your filing.
• Registry is the court office that receives and records documents. You file Form 20 at the same registry where your case is filed. The registry stamps your form and places it on the file. This administrative step matters. The withdrawal is not complete until the registry accepts it and the form is served.
• Filing means delivering your completed Form 20 to the registry and having it accepted into the file. Filing can be in person or electronically, depending on the court. Keep a stamped copy for your records. Without filing, service alone is not enough.
• Service is how you formally give a copy of Form 20 to the other parties. You must follow the court’s rules for service. Use the address for service listed on the file for each party. Keep proof of service. If you skip service, hearings may proceed as scheduled.
• Effective date is the date your withdrawal takes legal effect. Usually, that is the filing date. Sometimes, the court may require a judge’s approval, or the terms of an existing order may affect timing. If a hearing is imminent, contact the registry to confirm whether it will be vacated.
• Discontinuance vs. withdrawal describes a key difference. Discontinuance often means ending the whole claim. Withdrawal often means ending a specific step or document. If you intend to end the entire case, confirm you are using the correct wording. Your Form 20 should state clearly if you withdraw “the proceeding” or only a named application.
• Without prejudice means you are not conceding the merits of your position by withdrawing. If you plan to bring a similar application later, state that the withdrawal is without prejudice. This helps avoid arguments that you abandoned your rights. It may not block cost claims, but it clarifies intent.
• Costs are the legal expenses one party may pay the other. Withdrawing late or after the other side prepared for a hearing can lead to a costs order. If you want to address costs by consent, include that in the body of your Form 20 or file a separate consent. If there is no agreement, the court may decide costs later.
• Counsel of record is the lawyer listed on the file for a party. If counsel files Form 20 for the party’s withdrawal of an application, the party remains represented. If counsel intends to stop acting, that is a different process. Do not use Form 20 to remove your lawyer or to remove yourself as a lawyer unless the rules confirm that purpose. Use the form only to withdraw the item stated on it.

FAQs

Do you need the other party’s consent to file Form 20?

No. You can file Form 20 without consent to withdraw your own step. Consent can help resolve costs or timing issues. If you have a costs agreement, include it on the form or in a separate consent. Without consent, the court can still address costs later.

Do you withdraw the whole case or only a specific step?

You choose. Form 20 can withdraw a specific application, a notice, or the entire proceeding. Your wording must be precise. If you only want to cancel an upcoming application hearing, name that application. If you want to end the case, say you withdraw the proceeding. Double-check the file title to avoid confusion.

Do you still have to attend a scheduled hearing after filing?

Often no, but confirm with the registry. If your Form 20 withdraws the specific application set for hearing, the registry should remove it from the list once the other parties are served. Timing matters. If you file close to the hearing date, call or email the registry with your stamped Form 20 and proof of service to ensure the hearing is vacated.

Can you re-file an application after withdrawing it?

Usually yes, unless an order or rule prevents it. If you withdraw “without prejudice,” you preserve the option to re-apply. You must still meet deadlines and procedural requirements. If you withdraw “with prejudice,” you are agreeing not to bring the same request again.

Will withdrawing trigger a costs order against you?

It can. If the other side prepared for a hearing you canceled last-minute, they might seek costs. You can reduce risk by giving early notice and proposing a costs resolution when you serve Form 20. The court may set costs even if you withdraw without prejudice.

What if you filed the wrong document and need to fix it?

File Form 20 to withdraw the incorrect filing, then file the correct one. Do this quickly to avoid confusion. In your cover note to the registry, explain the error and attach both the withdrawal and the corrected filing. Serve both on the parties. If a deadline is involved, act promptly.

Can your lawyer file Form 20 for you?

Yes. If you have counsel of record, they can prepare and file Form 20 on your instructions. Ensure the form reflects exactly what you intend to withdraw. Your lawyer will serve it and address any costs issues with the other side.

What happens to exhibits or evidence after a withdrawal?

If you only withdraw an application, exhibits filed for that application stay on the court file unless the court directs otherwise. If you withdraw the entire proceeding, the file remains a court record. If you need exhibits returned, follow the registry’s process and any directions from a judge or registrar.

Checklist: Before, During, and After the Form 20 – Notice of Withdrawal

Before signing

• Identify exactly what you are withdrawing. Decide if it is a single application or the entire proceeding.
• Confirm the file number, court level, and registry location on your case.
• Review any existing orders or directions. Check for conditions that affect withdrawal or costs.
• Check hearing dates. If a date is close, plan immediate filing and service.
• Gather the full style of cause (title of proceeding) with all party names and roles.
• Confirm the address for service for each party. Verify counsel of record.
• Decide on “with prejudice” or “without prejudice.” Choose the one that matches your plan.
• Consider costs. Seek consent on costs if possible. Draft a short consent line if agreed.
• Get written client instructions if you are counsel. Keep them on file.
• Prepare a service plan. Choose personal, mail, or electronic service as permitted.
• Prepare enough copies: one for filing, one for each party, and one for your records.

During signing

• Verify the file number and registry details match the court record exactly.
• Check the title of proceeding. Ensure names and party roles are correct and complete.
• Clearly describe what you withdraw. Use the exact title and filing date of the application or document, or say “the proceeding” if you end the entire case.
• State whether the withdrawal is with or without prejudice, if relevant.
• Address costs. State “costs by consent” if agreed, or leave for the court to decide.
• Add any scheduled hearing details you want vacated. Include date, time, and courtroom or file reference.
• Confirm your name, role (party or counsel), and contact information.
• Sign and date the form. Ensure the signatory has authority to bind the party.
• Initial any corrections. Avoid handwritten edits if electronic filing is required.
• Review the entire form for completeness and legibility.

After signing

• File the Form 20 at the correct registry. Obtain a stamped copy.
• Serve all other parties promptly using their addresses for service. Include counsel if listed.
• Keep proof of service, such as an affidavit of service, delivery receipt, or email confirmation.
• Contact the registry about any imminent hearing. Provide the stamped form and proof of service, and ask to vacate the date.
• Diarize dates for any follow-up, including deadlines to re-file if you plan to re-apply.
• Address costs. If there is a consent, file it or confirm it in writing with the other party. If not, prepare to respond to a costs request.
• Update your internal file. Note what was withdrawn, when, and why, and attach the stamped form.
• Close the step. If you withdrew the entire proceeding, update calendars, notify clients, and manage file retention according to your policy.
• Request return of exhibits or original documents if permitted and necessary.
• Confirm that e-filing portals and public hearing lists reflect the withdrawal. Take a screen capture or save a confirmation email for your records.

Common Mistakes to Avoid

Withdrawing the wrong thing

• Mistake: Saying you withdraw “the proceeding” when you only meant to cancel a single application.
• Consequence: You may end your entire case unintentionally.
• Tip: Quote the exact title and filing date of the document you are withdrawing. Don’t generalize.

Missing or late service

• Mistake: Filing Form 20 but not serving all parties right away.
• Consequence: The hearing may proceed as scheduled, or costs may increase.
• Tip: Serve on the same day you file. Use the listed address for service. Keep proof.

Leaving out costs

• Mistake: Ignoring costs in your withdrawal when the other side has spent time preparing.
• Consequence: A later costs order or an avoidable dispute.
• Tip: If you have a costs agreement, record it on the form or in a separate consent and serve it with the form.

Using the wrong registry or file number

• Mistake: Filing in the wrong court or with an incorrect file number or party names.
• Consequence: The withdrawal may not take effect, and deadlines can be missed.
• Tip: Copy the file number and title directly from your last filed document. Double-check the registry.

Assuming a refund or automatic cancellation

• Mistake: Expecting automatic fee refunds or immediate hearing removal.
• Consequence: No refund and a hearing still on the list.
• Tip: Ask the registry about refunds and confirm the hearing is vacated. Save written confirmation.

What to Do After Filling Out the Form

File promptly

• Submit the signed Form 20 to the correct registry. Use the same location as your case file.
• Ask for a stamped copy. Check the stamp for date and registry seal.
• If a hearing is imminent, alert the registry that you need the date removed once service is confirmed.

Serve all parties

• Serve every party at their address for service. Serve counsel if listed.
• Use an approved method. Aim for same-day service if a hearing is booked.
• Keep proof, such as an affidavit, courier receipt, or email delivery record.

Confirm the hearing is off

• Contact the registry after service. Provide your stamped Form 20 and proof of service.
• Ask to confirm the application is off the list, or the proceeding is closed if you withdrew the entire case.
• Check the daily hearing list or your e-filing dashboard for confirmation.

Deal with costs

• If you agreed on costs, file the consent or send a confirming letter to the other side and copy the registry if required.
• If costs remain outstanding, prepare to address them by letter, application, or at a brief appearance, as needed.
• Keep a log of time and expenses related to the withdrawal for potential cost discussions.

Manage exhibits and records

• If you only withdrew an application, leave exhibits on file unless instructed otherwise.
• If you withdrew the entire proceeding, confirm whether any originals can be returned and ask the registry about the process.
• Update your document index to reflect the withdrawal and service.

Plan next steps

• If you intend to re-apply, set a timeline and prepare a stronger record. Consider addressing the reasons you withdrew.
• If you ended the case, notify stakeholders, close retainers, and finalize accounts.
• If you withdrew due to settlement, ensure the settlement terms are documented, signed, and tracked for compliance.

Update your client and team

• Send a short report confirming what was withdrawn, when, and why.
• Attach the stamped Form 20 and proof of service.
• List any remaining obligations, such as costs, settlement steps, or deadlines.

Archive properly

• Save the stamped form, proof of service, and registry confirmation in your file.
• Store email threads with the registry and other parties.
• Follow your retention policy. Label the file clearly as “withdrawn” with the date.

If issues arise

• If the registry still lists your hearing, resend the stamped Form 20 and proof of service and request immediate removal.
• If the other party seeks costs you dispute, respond with your position and supporting records.
• If you withdrew by mistake, contact the registry at once. You may need an application to restore or re-file, subject to timelines and court discretion