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MomWontGiveUp · Jul 20, 2010, 08:45 PM

I recently Motioned for and obtained an Order to Compel Production. Documents were due within 10 days of Order. Judgment Debtor has now paid substantially all of the judgment debt (although it does not quite cover all of my court filing fees, and there will probably be more to close this case out.)

My question is: Can I Motion to Withdraw an Order? I have seen Motions to withdraw Motions but this is already an Order so I'm wondering if it's in another league.

If I think this through logically, nothing will happen with the Order if I let it die a natural death. The next step would have been (had I not received payment OR production) to Motion for Show Cause for Contempt. I doubt I could pursue that now anyway, since the debt is substantially paid.

Thanks for your help.

cdad · Jul 21, 2010, 09:36 AM

Once an order is in place then it would need to be overturned. Is there a problem with the order? Was it a judgement?

MomWontGiveUp · Jul 21, 2010, 09:56 AM

There's nothing wrong with the Order. They just don't want to produce documents. They didn't want to pay the judgment either, but I think all things considered... it was the safest option.

So do I just let it go, or are you suggesting that I can still request that the Order be enforced?

cdad · Jul 21, 2010, 01:25 PM

If you need to see the documents for your case proceed with it. Even if it leads to contempt.

MomWontGiveUp · Jul 21, 2010, 03:22 PM

Thanks, Dad. I just returned from a consult with my attorney. She told me that once the judgment satisfaction is filed, it kind of kills the Order... but she couldn't say that with certainty. However, she agreed with me that pursuing contempt would only make me look foolish if the documents were in an attempt to obtain payment for the judgment (which I now have.)

At least now I have a better idea of how I'll respond to that condition on the letter enclosed with the judgment payment.

Thanks for everyone's help on this one!

AK lawyer · Jul 21, 2010, 04:36 PM

Originally Posted by MomWontGiveUp

... My question is: Can I Motion to Withdraw an Order? ...

You could file such a motion, yes.

But it appears the matter is moot, so I won't even ask why you would want to.

BTW, "motion" in this sense is a noun, not a verb. So you would "move to ...", or "file a motion to ...", but not "motion to withdraw".

MomWontGiveUp · Jul 21, 2010, 06:31 PM

Originally Posted by AK lawyer

You could file such a motion, yes.

But it appears the matter is moot, so I won't even ask why you would want to.

BTW, "motion" in this sense is a noun, not a verb. So you would "move to ...", or "file a motion to ...", but not "motion to withdraw".

Thank you.

It wasn't me who 'wanted' to file the motion (thank you for the grammar lesson, btw). Ex requested that I withdraw the Order for Production after I received the judgment p/o. As you said, the matter is moot; particularly once the satisfaction of judgment is recorded.