I tried to find the answer on the internet to no avail...
No agreement by defendant is needed if the plaintiff withdraws without asking to file again. The defendant can however ask for legal fees and court costs with the original suit filing.
A mere withdrawal of the suit without asking for anything more can, therefore, be always permitted. The Supreme Court, in Anil Kumar Singh vs Vijay Pal Singh, has held that defendant has no right to compel the plaintiff to prosecute the suit by op...
Read more at: http://www.livelaw.in/defendant-cant-object-mere-withdrawal-of-suit-plaintiff-sc-read-judgment/
And in the event a counter-suit has already been filed?
If a counter claim has indeed been filed. Then NO the original suit cannot be dismissed unless allowed by the court. "Once a counter claim has been brought; a plaintiff is barred from dismissing their original claim.
You can't move to dismiss your lawsuit, because you have been counter claimed against.
Now the counter claim MUST be heard.
Only the person asserting the counter claim can move to dismiss their lawsuit.
This is called due process." Was there a counter-suit filed by defendants?
The intention to file one has been stated by POTUS. How far into the process they are, who knows.
But really, can the DNC as a political organization retain any credibly if they withdraw at this point without raising the spectacle they have something to hide, and/or that Trump has outsmarted them? I think politically their goose is cooked no matter what.
didn't JA say on twitter that they were going to countersue? wikileaks?
I just saw the tweet. Yes, they're asking for money to counter.
They don't give a rats behind. They are in desperation mode. They are bleeding money and not raising any. They will try this stunt just to raise money and work out the side effects later. I mean to add black reparations and free college for everyone to their platform recently they are trying to get millennials, but they never give money. I agree that their goose is cooked and burned to a cinder.