Legal Definitions - withdrawing of record

Withdrawing of record refers to a plaintiff's action of removing the trial record before the case is tried, usually before the jury is sworn in or with the consent of the defense counsel. This is done to prevent the case from being tried.

For example, if a plaintiff realizes that they do not have enough evidence to win the case, they may choose to withdraw the record to avoid losing the case in court. Another example is when a plaintiff decides to settle the case outside of court, they may withdraw the record to avoid going through with the trial.

These examples illustrate how withdrawing of record is a strategic move made by the plaintiff to avoid losing the case or to settle the case outside of court.