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
- Identify whether the whole case or only specified claims are being discontinued.
- Check whether a notice of trial has already been filed.
- Obtain consent or court leave if the post-trial-setting rule applies.
- 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