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Date
Rule
803.9
Staff
Michael Verne
Response/Comments
Yes no fee for second withdrawal and refile.

Question

From:(redacted)
Sent: Thursday, October 20, 2005 11:42 AM
To:Verne, B. Michael
Subject: Follow up

Mike - following up on my voice mail . . . and just playing out variousoptions,

Having withdrawn and refiled once, a party can withdraw and refile a secondtime, but would need to pay a new filing fee to do so. Since the filing fee isbeing paid again, I assume that there would be no requirement to refile withintwo business days.

If, at the end of the waiting period started by that second withdraw / refile(accompanied by the new fee), a party decides to withdraw and refile yet again,can it do so without a fee? I guess the question is whether the position iseach time you pay a fee allows for one free withdrawal / refile, or whetherthere is only one free (i.e., no fee involved) withdrawal / refile for anygiven transaction.

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