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The moving party shall file with the Court, at least two (2) court days before the motion is to be heard, a notice of withdrawal of motion, which identifies the motion to be heard, the date it is scheduled to be heard, and that the moving party has withdrawn the motion, with or without prejudice.
The withdrawal of an action allows the withdrawing party to re-file the same action. However, if a party waives an action, it also waives all of its rights to file the same action.
The term case withdrawn means that court has decided, after evaluating the merits of a specific case, that there is no need to continue the trial and arrive at a conclusion of guilty or not guilty.
Lawyers can withdraw based on the fact their client refuses to be truthful, refuses to follow the attorneys advice, demands to pursue an unethical course of action, demands unrealistic results, desires to mislead the Court, refuses to cooperate with their counsel as well as countless other reasons.
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