Legal Hearing Withdrawal Form

LEGAL HEARING WITHDRAWAL FORM

This Legal Hearing Withdrawal Form is entered into by and between Party Withdrawing: represented by Attorney: , and Other Party: , represented by Attorney: .

Case Number: Court/Tribunal: Scheduled Hearing Date: Scheduled Hearing Time:

RECITALS

WHEREAS, the parties have a matter pending before the court or tribunal referenced above concerning the matters identified by Case Number: ; and

WHEREAS, a hearing is presently scheduled for the date and time set forth above at the location indicated: ; and

WHEREAS, the withdrawing party seeks to withdraw the pending hearing and seeks the concurrence or acknowledgement of the other party as set forth herein.

NOW THEREFORE, in consideration of the mutual covenants set forth below, the parties agree as follows:

1. WITHDRAWAL OF HEARING

The withdrawing party hereby withdraws the hearing scheduled for the date identified above and withdraws any motion, application, or request to the tribunal that is the subject of that hearing. The withdrawing party represents and warrants that it has authority to withdraw the hearing and any related filings in the matters identified in this Form.

2. EFFECT ON PLEADINGS, ORDERS AND SCHEDULING

Except as otherwise stated in this agreement, the withdrawal shall not operate as a dismissal of any claim or defense unless expressly provided. Any scheduling order, hearing notice, or directive of the tribunal relating solely to the withdrawn hearing shall be vacated or otherwise modified by the court or tribunal in its discretion. The parties acknowledge that the tribunal retains full authority to grant, deny or modify relief.

3. WITHDRAWAL BY FORM TYPE

The withdrawing party selects the following status of withdrawal (check one): Without prejudice With prejudice Docketed as withdrawn (no further action)

4. SETTLEMENT, STAY OR RESOLUTION

If the withdrawal is the result of settlement, stay, or other resolution, the withdrawing party shall promptly notify the tribunal in accordance with applicable procedures and shall file any required stipulation or settlement agreement. The withdrawing party certifies that any settlement material to this withdrawal has been disclosed to the other party and, if a settlement releases claims, that the release is specifically set forth in a separate written agreement.

5. COSTS, FEES AND SANCTIONS

Unless otherwise agreed in writing, each party shall bear its own costs and attorneys' fees associated with the withdrawn hearing. The withdrawing party affirms that it is not entering this withdrawal in order to delay proceedings or to avoid sanctions. Any application for fees, costs or sanctions shall be resolved in accordance with tribunal rules and applicable law.

6. CONFIDENTIALITY

The parties agree that the fact of this withdrawal and any communications exchanged in connection with this withdrawal shall remain confidential to the extent permitted by law, unless the tribunal requires disclosure or a party obtains written consent from the other party.

7. NOTICE

Any notice required or permitted under this Form shall be provided in writing to the addresses set forth below and shall be effective upon receipt.

8. REPRESENTATION AND AUTHORITY

The undersigned representatives certify that they are authorized to execute this Form on behalf of the parties identified. Each signatory represents that the information provided herein is true and correct to the best of their knowledge and that this withdrawal is not entered into under duress, fraud, or undue influence.

9. GOVERNING LAW

This Form shall be governed by and construed in accordance with the substantive laws of the jurisdiction in which the tribunal sits, without regard to conflict of laws principles.

10. ENTIRE AGREEMENT

This Form constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings whether written or oral.

11. SEVERABILITY

If any provision of this Form is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the extent permitted by law.

12. AMENDMENT; WAIVER; COUNTERPARTS

This Form may be amended only by a written instrument executed by the parties. No waiver of any provision shall be effective except in writing signed by the party against whom enforcement is sought. This Form may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

13. ADDITIONAL INFORMATION

ACKNOWLEDGEMENT

The undersigned acknowledge and consent to the withdrawal described herein and certify under penalty of perjury that the foregoing statements are true and correct.

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