Legal Memorandum: Motion to Withdraw a Complaint in VI

Issue: Under the local rules of the U.S. District Court for the Virgin Islands, is the court required to wait for a response to a motion to withdraw a complaint?

Area of Law: Litigation & Procedure
Keywords: Motion to withdraw a complaint; Wait for a response or reply
Jurisdiction: Federal, Virgin Islands
Cited Cases: None
Cited Statutes: LRCi 7.1(f); Local Rules of Civil Procedure, Misc. No. 2003/0006
Date: 10/01/2004

A motion to withdraw a complaint is governed by LRCi 7.1(f).  Recent amendments to the Local Rules of Civil Procedure in the District Court of the Virgin Islands, St. Croix Division, have added to the end of LRCi 7.1(f) the following: “Nothing herein shall prohibit a district judge or magistrate judge from ruling without a response or reply when deemed appropriate.” Amendments to Local Rules of Civil Procedure, Misc. No. 2003/0006 (May 7, 2003), available at http://www.vid.uscourts.gov/Rules/Civil-Amended.pdf.  Therefore, a court need not wait for a response or reply if it deems an immediate ruling is appropriate.


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