WHAT HAPPENS IF I MAKE A MOTION FOR SUMMARY JUDGMENT AND DECIDE BEFORE ITS HEARING DATE THAT I WANT TO ABANDON THE MOTION OR BEFORE ITS HEARING DATE THE PARTIES SETTLE THE CASE?
Moving parties are permitted to withdraw their motions for summary judgment from the court before the motion is heard. If the moving party decides to withdraw its motion for summary judgment or they settle their case, the moving party must immediately inform the court. This is best done by calling the judges chambers for the judge hearing the motion and advising them of the decision, calling the clerks office and advising them of the decision and writing a confirming letter (it is best to get a fax # for the court to fax it to the court and to also forward it by certified mail, RRR, keeping a copy for your records).
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