A party may withdraw a pending motion, typically by notice or a brief motion. Withdrawal may follow resolution of the underlying dispute, a change in position, or a safe harbor demand.
Withdrawal does not always preclude refiling.
Alternative Names:
Withdrawing a Filing, Motion Withdrawal
Why it Matters?
Withdrawing a motion in response to a Rule 11 safe harbor notice avoids sanctions entirely, which is the provision's purpose and a route parties sometimes overlook while defending an untenable position. Withdrawal is also the appropriate response when a discovery dispute resolves after filing, since leaving a moot motion pending consumes court attention and can draw an adverse comment.
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Frequently asked questions
When does withdrawal avoid sanctions?
Should a moot motion be withdrawn?
