Legal Definitions - withdrawing of record

Withdrawing of record refers to a procedural action taken by a plaintiff (the party who initiated a lawsuit) to formally remove their case from the court's active trial calendar. This action effectively prevents the case from proceeding to trial. Historically, this involved the physical removal of the trial documents. Today, it signifies the plaintiff's decision to halt the trial process, typically occurring either before a jury has been selected and sworn in, or at a later stage with the agreement of the opposing party's legal counsel.

• Example 1: Settlement Before Trial

  Imagine a situation where a small business sues a larger corporation for a breach of contract. As the trial date approaches, both parties engage in intense, last-minute settlement negotiations. Just days before the jury selection is scheduled to begin, they reach a mutually agreeable settlement. To formally inform the court that the trial is no longer necessary, the small business's attorney performs a withdrawing of record. This action signals that the case has been resolved outside of court and removes it from the trial docket, preventing the need for a trial.

• Example 2: Strategic Reassessment of Evidence

  Consider a plaintiff who has filed a personal injury lawsuit after a car accident. During the discovery phase, new expert testimony emerges that significantly weakens a key aspect of the plaintiff's claim, or perhaps a crucial witness becomes unavailable. Rather than proceeding to a trial with a substantially weaker case, the plaintiff's legal team decides it's more prudent to halt the current proceedings. They execute a withdrawing of record, which stops the trial process. This allows them to reassess their strategy, potentially gather new evidence, or even refile the case later if circumstances change and the statute of limitations permits, without facing an immediate adverse judgment.

• Example 3: Procedural Correction or Technical Issue

  A group of environmental activists files a complex lawsuit against a developer. Shortly before the scheduled trial, their legal team discovers a significant technical error in their initial court filing that could lead to the case being dismissed on procedural grounds, or perhaps a critical piece of evidence they planned to present is unexpectedly ruled inadmissible by the judge. To avoid a trial where their case is severely compromised, the activists' lawyers decide to perform a withdrawing of record. This allows them to stop the current trial, correct the procedural flaw, and potentially refile the lawsuit with the proper documentation or a revised strategy, rather than risk a definitive loss in the current trial.