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MIAMILAW1127, Lawyer
Category: Legal
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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I'm ***** *****, how do you withdraw a Request that was

Customer Question

Customer: Hi i'm ***** *****, how do you withdraw a Request for Dismissal that was erroneously filed in a family law case?
JA: Thanks. Can you give me any more details about your issue?
Customer: I had filed a motion for new trial after a ruling by a judge in a divorce case. I wanted to withdraw the motion and was told to file a Request for Dismissal but now discover that was the totally wrong document to use. I don't know how to withdraw the Request.
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Submitted: 1 year ago.
Category: Legal
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. I am going to be assisting you with your question today.

Please note: This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

You can file a Motion to Withdraw the Request for Dismissal. Get the other side to agree and enter into an agreed order withdrawing the Request.

I hope I have answered your questions. If I have not, please feel free to ask any follow-up questions you may have. Also, please do not forget to rate my response at your earliest convenience.

Thank you.

Customer: replied 1 year ago.
That is confusing. Would I file a Motion to Withdraw the Request for Dismissal or enter an order withdrawing the request? Is there a mandatory form that is required for the motion or the order? Does this apply in Alameda County courts?
Expert:  MIAMILAW1127 replied 1 year ago.

You have to do both. You have to move the court to do it & then enter into the order granting the motion.