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BC Supreme Court · Form F39

Form F39: Notice of Discontinuance

Used by a claimant to discontinue all or part of a family law case against a respondent.

Use the current official form: This guide explains the role of Form F39 under Rule 11-4(1)–(2). Always check the current Rules and official form before filing, serving or relying on a deadline.

What Form F39 is for

Used by a claimant to discontinue all or part of a family law case against a respondent.

Key points

  • Before a notice of trial is filed, a claimant may discontinue by filing F39 and serving the filed notice on all parties.
  • After a notice of trial is filed, discontinuance requires all parties’ consent or leave of the court.
  • Rule 11-4 also contains costs consequences that may apply to a complete discontinuance.

Practical steps

  1. Identify whether the whole case or only specified claims are being discontinued.
  2. Check whether a notice of trial has already been filed.
  3. Obtain consent or court leave if the post-trial-setting rule applies.
  4. File F39 and serve the filed copy on all parties.

Common mistakes

  • Assuming a claimant can discontinue after trial is set without consent or leave.
  • Discontinuing the wrong claim or against the wrong party.
  • Ignoring possible costs consequences.

Related guides

F40 withdrawal · F7 divorce pleading withdrawal · All BC Supreme Court family forms