Legal Definitions - request for permission to withdraw a motion

A request for permission to withdraw a motion is a formal application made to a court by a party who previously filed a motion, asking the judge for authorization to retract or cancel that original motion.

This request is typically made when the party no longer wishes to pursue the relief sought in the original motion, perhaps due to new information, a change in circumstances, or a settlement between the parties. The court must grant permission because a motion, once filed, becomes part of the official court proceedings and cannot be unilaterally removed by the filing party.

• Example 1 (Civil Litigation - Discovery Dispute):

  In a business contract dispute, the plaintiff files a "Motion to Compel Discovery," asking the court to force the defendant to provide certain documents. Before the scheduled hearing, the defendant suddenly produces all the requested documents, making the motion unnecessary.

  Illustration: Since the defendant has now complied with the discovery request, the plaintiff no longer needs the court to intervene. The plaintiff would file a request for permission to withdraw the motion to compel discovery, informing the court that the issue has been resolved and the motion is no longer necessary.

• Example 2 (Family Law - Temporary Orders):

  During a divorce proceeding, one spouse files a "Motion for Temporary Spousal Support" because they were experiencing financial hardship. Before the court hearing on the motion, the spouses attend mediation and successfully reach a temporary agreement on financial support, which they both sign and intend to submit to the court.

  Illustration: With a new, mutually agreed-upon arrangement in place, the original motion for temporary spousal support is no longer needed. The spouse who filed it would submit a request for permission to withdraw the motion, explaining to the court that the parties have resolved the issue themselves through their agreement.

• Example 3 (Criminal Law - Pre-trial Motion):

  In a criminal case, the defense attorney files a "Motion to Suppress Evidence," arguing that certain evidence was obtained illegally and should not be allowed at trial. Later, the prosecution reviews its case and decides not to use that specific piece of evidence at trial, making the motion to suppress irrelevant.

  Illustration: Because the prosecution has decided not to use the evidence in question, there is no longer a need for the court to rule on whether it should be suppressed. The defense attorney would file a request for permission to withdraw the motion to suppress, informing the court that the issue is now moot.