Motion Judge Procedure Withdraw
Description
How to fill out Motion For Recusal Of Judge - Removal?
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FAQ
Declaration Opposing the Motion It must either be typed on pleading paper or written or typed on Judicial Council Form MC-030, present facts within your (or some other declarant's) personal knowledge and be signed by you (or the other declarant) under penalty of perjury.
You must include a summary of the legal basis for your opposition, explain the reason you are opposing the motion, and state what you would like the judge to order.
For example, first, the application for withdrawal of the case must be made only by the public prosecutor. The case cannot be withdrawn on the application of the petitioner or the accused or any order of the government. Second, the rationale for withdrawing the case must be explained to the court by the prosecutor.
When a lawyer withdraws from a case, steps must be taken to protect your interests. Your lawyer should give you reasonable notice, allow time for you to hire another lawyer, surrender papers and property to which you are entitled and refund any advance payment of fees that have not been earned.
Order 23, Rule 1(3) of the CPC provides that if a plaintiff desires to withdraw from the suit with liberty to institute a fresh suit in respect of the subject-matter of such suit, then such plaintiff must seek the permission of the court in its application for withdrawal.