A sample notice of withdrawal of motion in Florida is a one-page filing that tells the court and every other party you are pulling a motion you previously filed. You do not need the judge’s permission so long as no hearing has started and no ruling has issued. The document has a caption, a single operative sentence, a certificate of service, and a signature block, and it is filed through the Florida Courts E-Filing Portal.
Sample Template You Can Adapt
Replace the bracketed items with your case-specific information. The format below tracks what Florida courts accept in civil, family, and probate divisions.
IN THE CIRCUIT COURT OF THE [ORDINAL] JUDICIAL CIRCUIT,
IN AND FOR [COUNTY] COUNTY, FLORIDA
[DIVISION, e.g., CIVIL DIVISION]
CASE NO.: [Case Number]
[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT NAME],
Defendant.
___________________________________/
NOTICE OF WITHDRAWAL OF [EXACT TITLE OF MOTION]
NOTICE IS HEREBY GIVEN that [Party Name], by and through undersigned [counsel / pro se], hereby withdraws [his/her/its] [Exact Title of Motion], filed on [Date Motion Was Filed].1First District Court of Appeal of Florida. Notice of Withdrawal of Motion
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on [Date], the foregoing was filed with the Clerk of Court through the Florida Courts E-Filing Portal, which will transmit a copy to all parties on the service list.
Respectfully submitted,
/s/ [Attorney or Party Name]
[Printed Name]
[Florida Bar No. (if attorney)]
[Firm Name (if applicable)]
[Mailing Address]
[City, State, Zip Code]
[Telephone Number]
[Email Address]
The one phrase you should not soften is “hereby withdraws” followed by the exact title and filing date of the motion. That combination leaves no ambiguity about which document is being pulled when a case has several pending motions.
What Each Part Must Contain
Caption
Florida Rule of Civil Procedure 1.100(c)(1) requires every pleading to include the name of all parties, the name of the court, the file number, and a designation identifying who is filing it.2The Florida Bar. Florida Rules of Civil Procedure – Rule 1.100 Below the caption, put a title that spells out exactly what you are withdrawing, such as “NOTICE OF WITHDRAWAL OF DEFENDANT’S MOTION TO COMPEL DISCOVERY.”
Body
One or two sentences is enough. State that the filing party “hereby withdraws” the motion, identify the motion by its exact title, and include the date it was originally filed. You do not have to explain why, though some practitioners add a short reason as a courtesy, for example that the matter has been resolved by agreement of the parties.
Signature Block
Attorneys sign with their printed name, Florida Bar number, firm name, mailing address, telephone number, and email address. Self-represented filers include the same information without the Bar number. An electronic signature in the format “/s/ [Name]” satisfies the signature requirement when filing through the portal.
Certificate of Service
Every document filed after the initial complaint or petition must be served on all other parties, and the certificate is your proof. Place it at the end of the notice itself. It must state the date, the method of service, and the recipients. When you file through the Florida Courts E-Filing Portal, the portal’s e-service function handles transmission, and the certificate can simply say the document was filed through the portal and served electronically on all parties on the service list.3Justia Law. In Re Amendments to Florida Rules of General Practice and Judicial Administration If you serve someone by mail or by hand instead, the certificate must reflect that method and include the recipient’s physical address.
When a Notice Is Enough, and When It Isn’t
A party who filed a motion can withdraw it at any time before a hearing begins or the judge issues a ruling. Until then the request belongs to the filer, and the withdrawal is unilateral. That is why the document is styled as a notice rather than a motion.
Once the court has meaningfully engaged with the motion, a notice will not undo it. If a hearing has started, if oral argument has been presented, or if the judge has taken the matter under advisement, you would instead file a motion for reconsideration or a motion for rehearing, either of which requires the court’s approval.
Filing and Service Through the Portal
Florida attorneys must file electronically through the Florida Courts E-Filing Portal. Self-represented parties may register for the portal or submit paper documents to the clerk for conversion.4The Florida Bar. Florida Rule of General Practice and Judicial Administration 2.525 – Electronic Filing Once a self-represented party registers, that election cannot be reversed without court permission.
A 2025 amendment to Rule 2.516 tightened the link between filing and service. Documents filed through the portal must be served through the portal’s e-service function, and service is considered complete at the moment of filing. If you later learn someone on the service list did not actually receive the document, you must immediately re-serve that person by another permitted method. A self-represented party who is in custody, or who has filed the declaration on Form 2.601, may still serve on paper, and any unrepresented party in those categories must be served a paper copy by the filer.3Justia Law. In Re Amendments to Florida Rules of General Practice and Judicial Administration
Formatting the Document
Florida Rule 2.520 sets the physical specifications. Use letter-size paper (8½ by 11 inches), print on one side, and set one-inch margins on all sides. Legal-size paper reduced to letter size is not allowed. Leave a one-inch margin at the top right corner of each page for the clerk’s date and time stamps. When you upload a PDF to the portal, make sure it is text-searchable rather than a scanned image.
After You File
Once the portal confirms your filing, the clerk date-stamps the notice and it becomes part of the record. The withdrawn motion should come off the court’s active docket.
A hearing that was already scheduled on the motion will not necessarily cancel on its own. Contact the judge’s judicial assistant or the clerk’s office and ask for the hearing to be taken off the calendar. Local practice varies, and some judges require the parties to appear briefly to confirm the withdrawal rather than relying on a filed notice alone. Check your circuit’s local administrative orders for specific guidance on removing hearings from the docket.
The 21-Day Safe Harbor Under Section 57.105
Florida Statutes section 57.105 gives a party 21 days after being served with a sanctions motion to withdraw or correct the challenged filing.5Online Sunshine. Florida Statutes 57.105 – Attorney Fee; Sanctions for Raising Unsupported Claims or Defenses Withdraw within that window and the sanctions motion cannot be filed with the court. The sanctions motion must be served separately from any other motion, so you will have clear notice that a challenge is coming. Treat the service date as the start of a countdown. Once the 21 days expire and the sanctions motion reaches the judge, the safe harbor is gone.
Withdrawing a Motion Is Not Dismissing the Case
Withdrawing a motion removes a single pending request. The case continues. Ending the entire lawsuit or a claim within it is a voluntary dismissal under Florida Rule of Civil Procedure 1.420, which follows different rules and has different consequences. If your goal is to end the case, a notice of withdrawal of a motion is the wrong document.