Article 261Withdrawal of an Action

①An action may be withdrawn in whole or in part before a judgment becomes final and binding.

②The withdrawal of an action after the adverse party has submitted a brief, entered a statement in preparatory proceedings, or conducted oral arguments on the merits, is invalid without the consent of the adverse party; provided, however, that this does not apply to the withdrawal of a counterclaim if the principal action is withdrawn.

③The withdrawal of an action must be effected by means of a paper document.

④Notwithstanding the provisions of the preceding paragraph, if a party withdraws an action on a date for oral arguments, preparatory proceedings, or settlement (referred to below as a "proceeding date" in this Chapter), they are not precluded from doing this orally. In such a case, the court clerk must record in the electronic record for that court date that the action has been withdrawn.

⑤In a case as referred to in the main clause of paragraph (2), if an action is withdrawn in writing, the written withdrawal must be served on the adverse party, and if it is withdrawn orally on a proceeding date (unless the adverse party has appeared on that date), an electronic record indicating that action has been withdrawn pursuant to the provisions of the preceding paragraph must be served on the adverse party.

⑥If the adverse party does not state an objection within two weeks from the day on which that party is served with the written withdrawal of an action, the adverse party is deemed to have consented to the withdrawal of the action. The same applies if an action is withdrawn orally on a proceeding date and the adverse party does not state an objection within two weeks from the day on which the action is withdrawn, if the adverse party appears on that date; or within two weeks from the day on which the service under the provisions of the preceding paragraph is made, if the adverse party does not appear on that date.