A bank ask the defendants lawyer if they could withdraw their motion for summary judgement. The defendants lawyer told the plaintiffs lawyer it was fine with them, so they withdrew there motion. First why would they do this, secondly is it going to affect the case for the defendants, and is this a good or bad thing they did?

Hello d:

Offers of settlement are not admissible in court. It's not good for the defendants.. The plaintiffs apparently now think they can win.

excon

Let me make sure I understand the question:

A bank is the plaintiff. The plaintiff's attorney asked the defendant's attorney if the plaintiff could withdraw it's MSJ? Defendant agreed. Is this what you are saying?

First, in most places, if a party moves for summary judgment, that party may withdraw the motion; it doesn't need the other side's permission. So I am somewhat puzzzled about that.

Anyway, it depends. The reason the MSJ was withdrawn could be any number of things. It could be that there are material issues of fact that require the matter to be decided by trial. Or it could be that the motion was premature and that they will re-file it at a later time.

What sort of a case is this? A mortgage foreclosure perhaps? Where?

How do you write a withdrawl notice and Motion. #2 Must it be called for a hearing or merely filed and the defendant notified?