A good lawyer knows the law; a great lawyer knows the judge.

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Legal Definitions - withdraw

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Definition of withdraw

Withdraw refers to the act of taking back, retracting, or discontinuing something, often in a legal or formal context.

  • To take back or retract something previously offered, stated, or granted: This involves revoking a statement, offer, or permission that was previously given.

    • Example 1: After a company discovered an applicant had misrepresented their qualifications, they decided to withdraw the job offer that had been extended.

      Explanation: The company is revoking a formal offer it had previously made to the applicant.

    • Example 2: During a public hearing, a city council member chose to withdraw their motion to approve a new zoning ordinance after receiving significant public opposition.

      Explanation: The council member is retracting a formal proposal they had put forward for consideration.

  • To discontinue a legal action or proceeding: This means to stop or abandon a lawsuit, charge, or formal legal request.

    • Example 1: The victim of a minor assault decided to withdraw their complaint to the police after the perpetrator offered a sincere apology and restitution.

      Explanation: The victim is choosing to discontinue the formal legal process they initiated by filing the complaint.

    • Example 2: A party in a contract dispute might withdraw their appeal to a higher court if they reach a satisfactory settlement agreement with the opposing party.

      Explanation: The party is abandoning the legal process of challenging a lower court's decision.

  • For a lawyer to end representation of a client: This refers to an attorney formally ceasing to represent a client in a legal matter before it is fully resolved.

    • Example 1: A lawyer may seek permission from the court to withdraw from a case if their client insists on pursuing an unethical or illegal course of action.

      Explanation: The attorney is formally terminating their professional relationship and legal representation of the client due to ethical obligations.

    • Example 2: If a client consistently fails to communicate with their attorney or provide necessary information, the attorney might file a motion to withdraw from representation.

      Explanation: The lawyer is requesting to end their role as the client's representative due to the client's lack of cooperation, which hinders effective representation.

  • To remove a juror from service: This involves a judge excusing a selected juror from their duties during a trial.

    • Example: The judge decided to withdraw a juror who became seriously ill during the trial, replacing them with an alternate juror to ensure the proceedings could continue.

      Explanation: The judge is formally removing the individual from their duty as a juror due to an unforeseen circumstance that prevents them from serving.

Simple Definition

To "withdraw" in a legal context means to formally take back, retract, or remove something previously offered, stated, or granted. This can apply to actions, objections, petitions, or even a lawyer's representation of a client. It signifies a cessation or reversal of a prior position or process.

The difference between ordinary and extraordinary is practice.

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