File a Notice of Withdrawal of Petitioner's Motion for Default. A person withdrawing an appeal shall give written notice of withdrawal to the court and counsel for the prosecution prior to the hearing date of the appeal.Customer: Virginia Civil caseI fired my attorney a month ago but the court has not accepted his motion to withdraw for ethical reasons. Is there case law that allows me to submit my appeal before the time runs out? File a praecipe providing therein the motion hearing date and the length of the time for the motion. Oral motions to continue are discouraged. Under Virginia Code §19.2-296, a defendant can file a motion to withdraw a guilty or no-contest plea before sentencing. What forms or whatever do I need to fill out to have custody modified and let her live with her mother?