Legal Definitions - request for leave to withdraw a motion

A request for leave to withdraw a motion is a formal application made to a court asking for permission to cancel or take back a formal request (a "motion") that was previously submitted to the court. In this context, "leave" means permission, and a "motion" is a formal request made to a judge for an order or ruling on a specific issue.

Parties might seek to withdraw a motion if circumstances change, new information comes to light, or they realize the motion is no longer necessary, appropriate, or strategically beneficial. The court must grant permission for the withdrawal to be effective.

• Example 1: New Information in a Civil Case

  Imagine a plaintiff's attorney in a contract dispute files a motion to compel the defendant to produce certain financial documents, believing the defendant is deliberately withholding them. Before the judge can rule on the motion, the defendant's attorney discovers the documents were mistakenly filed away and promptly provides them to the plaintiff, along with an explanation and apology. Since the issue the motion addressed has now been resolved, the plaintiff's attorney would then file a request for leave to withdraw the motion to compel. This saves court time and resources by canceling a request that is no longer needed.

• Example 2: Plea Agreement in a Criminal Case

  In a criminal case, a defense attorney files a motion to suppress evidence, arguing that certain evidence was obtained illegally by the police and should not be presented at trial. However, before the hearing on the motion, the prosecution and defense reach a plea agreement where the defendant agrees to plead guilty to a lesser charge, making a full trial unnecessary. Because there will no longer be a trial where the evidence would be presented, the defense attorney would submit a request for leave to withdraw the motion to suppress evidence, as its purpose has become moot.

• Example 3: Strategic Reassessment in a Business Lawsuit

  A large corporation's legal team files a motion for summary judgment, arguing that there are no disputed facts in a complex business lawsuit and that they should win the case without a trial. Shortly after filing, the lead attorney reviews new deposition testimony and realizes that a key witness's statement actually creates a genuine dispute of material fact, which would likely cause the motion for summary judgment to be denied. To avoid wasting court time and to pursue a more effective strategy, the attorney would file a request for leave to withdraw the motion for summary judgment, intending to re-evaluate their approach or refile a different motion later.