Local Rule 9014-2: Withdrawal of Document.

Rule 9014-2. Withdrawal of Document.

(a) Withdrawal in a bankruptcy case. A party may withdraw any document that party filed in a bankruptcy case either by filing a withdrawal that conforms to Appendix 9E and serving the withdrawal on parties in interest not electronically served or, if the party is permitted to file electronically, by filing a "text entry" withdrawal in CM/ECF and serving a copy of the Notice of Electronic Filing on parties in interest not electronically served. This rule does not apply to the withdrawal of a proof of claim, which is governed by Fed.R.Bankr.P. 3006.

(b) Withdrawal in an adversary proceeding. A party may withdraw any document that party filed in an adversary proceeding, excluding a complaint, answer, counterclaim, cross-claim, or third party pleading, either by filing a withdrawal that conforms to Appendix 9E and serving the withdrawal on parties in interest not electronically served or, if the party is permitted to file electronically, by filing a "text entry" withdrawal in CM/ECF and serving a copy of the Notice of Electronic Filing on parties in interest not electronically served. A party to an adversary proceeding may request authority to withdraw a complaint, answer, counterclaim, cross-claim, or third party pleading only by motion pursuant to Fed.R.Bankr.P. 7007, Fed.R.Civ.P. 7(b), and Bankr. D.S.D. R. 7007-1.

(c) Effect of withdrawing a document. Unless ordered otherwise, if a motion, application, plan, objection to a proof of claim, or objection to a claimed exemption is withdrawn in compliance with paragraph (a) above, the issues raised by the withdrawn document are deemed moot. Nothing in this rule shall affect or alter the application of Fed.R.Bankr.P. 9011(c).