Q: Party needs to cancel its own MTD hearing does a notice to cancel need to be filed or is it better to withdraw motion?
If a moving party files a Motion and can not show for hearing what is proper procedure? Notice of cancellation with reasons or Withdraw the Motion itself? Is Motion basically withdrawn with a Notice to cancel anyway?
A: Either way Wil be fine.
Bruce Alexander Minnick agrees with this answer
1 user found this answer helpful
A:
If you intend to re-schedule your motion to dismiss then call the opposing side to get an agreement to cancel the hearing; and then call the Judge's office to inform them. They may want you to file a "Consented Notice of Cancelation of Motion Hearing."
If you withdraw the motion you will have to re-file a new one.
1 user found this answer helpful
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