File a motion with the judge assigned to the case. As the Plaintiff in the case you do have the option of dropping your case. However, keep this in mind - - depending on what stage the case is in, the defendant/respondant might file a counter-suit if you have cost them considerable amounts of time, money and effort in their own defense.
If your attorney files a motion to withdraw, such requests are usually granted by the judge. It would be a wise idea to start looking for a replacement attorney. ------------------- In addition, if you receive notice that there wil be a court hearing on the motion to withdraw, you should be sure to attend, even if you have not yet found a replacement attorney.
A motion to leave to withdraw is a formal request seeking permission to withdraw a motion that has already been filed with the court. The party making the motion must provide a valid reason for why they wish to withdraw the initial motion. The court will then decide whether to grant or deny the motion to leave to withdraw based on the circumstances presented.
Counterclaim under FRCP 13.
A response to a motion for the plaintiff is a formal document filed by the plaintiff in reaction to a motion submitted by the defendant, typically seeking to dismiss, change, or otherwise challenge the plaintiff's claims. In this response, the plaintiff outlines arguments and legal grounds to counter the defendant's position, providing evidence and supporting case law as necessary. The goal is to persuade the court to deny the defendant's motion and allow the case to proceed. This response is an essential part of the litigation process, ensuring both parties have the opportunity to present their perspectives.
To withdraw a motion that has been made and seconded, the person who made the motion must request to withdraw it, typically by saying, "I withdraw my motion." If there is no objection from the seconding party or others present, the motion is considered withdrawn. If there is an objection, a vote may be required to decide whether to allow the withdrawal. Always check the specific rules of the governing body or organization, as procedures may vary.
They lose
The plaintiff loses.
I am the Plaintiff a Pro Se who submitted Production of Documents and Interrogratory's to the Defendants in a Employment Race Discrimination case. The Defendants refuse to comply with the Court and release to the Plaintiff the Interrogratorys and Production of Documents. The Plaintiff has to write a Motion to Suppress release to the Court in order to get the Court to order the Defendants to complay. How dose the Plaintiff write a Motion to Suppress?
Either the plaintiff and/or his or her legal representative must be in attendance or the hearing will be dismissed with or without prejudice.
Motion for extension of time or motion for enlargement of time
The plaintiff typically responds to a defendant's notice of motion and motion for judgment on the pleadings by filing a written opposition. In this response, the plaintiff may argue that the pleadings present sufficient facts to support their claims and demonstrate that the case should proceed to trial. They might also highlight any legal deficiencies in the defendant's arguments and provide supporting evidence or legal precedents that favor their position. Ultimately, the plaintiff seeks to convince the court to deny the defendant's motion and allow the case to continue.
The Plaintiff's motion for summary judgment is asking the court to rule on all pleadings that have been filed in the case. This happens if one of the defendants has filed an response or answer. The Plaintiff will usually ask for judgment when filing a motion for summary judgment.