Rule 17 - Withdrawal of Pleading(a) Procedure. A party may withdraw a petition or objection that has been scheduled for hearing by giving immediate notice of the withdrawal to the court and requesting that the hearing be stricken from the calendar. The party shall immediately contact all other counsel who appeared in the matter to notify them that the hearing is stricken. Within 72 hours of notifying the court of the withdrawal, but in any event no less than 72 hours prior to the scheduled hearing date, the party shall file a "Withdrawal of Petition" or "Withdrawal of Objection" clearly setting forth (1) the title of the pleading being withdrawn, (2) the time and date of the hearing, (3) the name of the presiding judge who was scheduled to hear the matter, (4) in the case of a withdrawal of a petition, that all court-appointed officials have been paid in full, and (5) the party's attorney's signature. File-marked copies of the Withdrawal shall be served on opposing counsel as soon as available. The court in its discretion may impose sanctions on a withdrawing party who fails to comply with this rule. (b) Effect of Withdrawal on Hearing. When a petition is withdrawn, the hearing on the petition shall be stricken, except where the withdrawal is the result of a settlement or compromise by the parties. When an objection is withdrawn, the hearing shall continue as scheduled to consider the relief requested in the petition. Where the withdrawal of a pleading is the result of a settlement or compromise, the hearing shall be conducted as scheduled and the parties shall describe the settlement on the record to the extent required by the court. COMMENTARY:
This clarifies the procedures required to strike a hearing date. A settled dispute shall be entered into the record to prevent later misunderstanding. This rule does not apply to contested matters assigned to the civil trials calendar.