When does a discontinuance typically occur?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

A discontinuance typically occurs after a settlement has been reached because it signifies the plaintiff's decision to withdraw their claim against the defendant following an agreement or understanding that resolves the issue at hand. This process marks the formal termination of the proceedings in relation to that particular dispute, effectively indicating that the parties have reached a satisfactory resolution outside the court's involvement.

In the context of civil procedure, it is important to understand that a discontinuance serves to finalize the matter legally. It allows the parties to have their settlement formalized in a manner recognized by the court, thereby preventing any further claims based on the same issues from being pursued.

While it is also possible for a case to be discontinued before a trial or even during proceedings, those instances are typically not the norm for the specific term "discontinuance" as it relates to settlements. A discontinuance before the statement of claim is filed wouldn't actually occur in the context of unresolved disputes, as there would be no claim initiated to discontinue. Thus, the answer accurately captures the procedural stepping stone that follows the resolution of a case through settlement.

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