Rule 5. Entry of Appearance and Withdrawal

(a) Entry of Appearance. An attorney enters an appearance in any matter before an appellate court when the attorney files an entry of appearance or signs a document filed with the appellate court. An entry of appearance must identify the party for whom the appearance is made and provide the attorney's office address, telephone number, email address, and attorney registration number. An entry of appearance by an attorney who is a member or an employee of a law firm, professional corporation, or clinic relieves other members or employees of the same law firm, professional corporation, or clinic from needing to file an entry of appearance in the same proceeding unless the court indicates otherwise. An attorney who enters an appearance and wishes to withdraw must comply with this rule.

(b) Withdrawal without Leave of Court. An attorney may withdraw from a case without leave of the appellate court by filing a notice of withdrawal confirming that the withdrawing attorney has complied with all outstanding appellate court orders and one of the following applies:

(1) the party represented by the withdrawing attorney will continue to be represented by co-counsel who has already entered an appearance pursuant to subsection (a); or

(2) the notice of withdrawal includes a substitution of counsel, signed by both the withdrawing and replacement attorneys, containing the information required for an entry of appearance under subsection (a) for replacement counsel; or

(3) the withdrawing attorney is a member or employee of a law firm, professional corporation, or clinic, and another attorney from the same law firm, professional corporation, or clinic will represent the party. Withdrawal of an attorney pursuant to this subsection relieves the other attorneys of the same law firm, professional corporation, or clinic from needing to file an entry of appearance or withdrawal in the same proceeding unless the court indicates otherwise.

(c) Withdrawal with Leave of Court. If not covered by subsection (b), an attorney may withdraw from a case only with the appellate court's approval. Such approval rests in the appellate court's sound discretion, and will not be granted until a motion to withdraw or a Form Motion to Withdraw [JDF Form 1905 SC] has been filed and served on the client and the other parties of record or their attorneys and either (i) both the client and all counsel for the other parties consent in writing at or after the time of service of the motion, or (ii) at least 14 days have expired after service of the motion.

(1) that the attorney wishes to withdraw;

(2) that the appellate court retains jurisdiction;

(3) that the client has the burden of keeping the appellate court and other parties informed where notices, pleadings, or other documents may be served;

(4) that the client has the obligation to prepare for all appellate proceedings, or secure other counsel to so prepare;

(5) that, if the client fails or refuses to meet these burdens, the appellate court may impose appropriate sanctions, including dismissal of the case;

(6) of the dates of any proceedings and that the holding of such proceedings will not be affected by the withdrawal of counsel;

(7) if the client is not a natural person, that it must be represented by counsel in any appellate proceeding unless it is a closely held entity and first complies with section 13-1-127, C.R.S.;

(8) of the client's last known address, telephone number, and email address and that process may be served on the client at the client's last known address; and Rule 5 Colorado Appellate Rules

(9) of the client's right to object within 14 days of the date of service of the motion to withdraw.

(d) Objections to Motion to Withdraw. The client and opposing parties have 14 days after the service of a motion to withdraw within which to file an objection to the withdrawal.

(e) Notice of Limited Representation Entry of Appearance and Withdrawal. An attorney may undertake to provide limited representation to a pro se party involved in a civil appellate proceeding. Upon the request and with the consent of a pro se party, an attorney may make a limited appearance for the pro se party to file a notice of appeal and designation of transcripts in the court of appeals or the supreme court, to file or oppose a petition or cross-petition for a writ of certiorari in the supreme court, to respond to an order to show cause issued by the supreme court or the court of appeals, or to participate in one or more specified motion proceedings in either court, if the attorney files and serves with the court and the other parties and attorneys (if any) a notice of the limited appearance prior to or simultaneous with the proceeding(s) for which the attorney appears. At the conclusion of such proceeding(s), the attorney's appearance terminates without the necessity of leave of court, upon the attorney filing a notice of completion of limited appearance in the appellate court in which the attorney appeared, a copy of which may be filed in any other court, except that an attorney filing a notice of appeal or petition or cross-petition for writ of certiorari is obligated, absent leave of court, to respond to any issues regarding the appellate court's jurisdiction. Service on an attorney who makes a limited appearance for a party shall be valid only in connection with the specific proceedings(s) for which the attorney appears. The provisions of this C.A.R. 5(e) shall not apply to an attorney who has filed an opening or answer brief pursuant to C.A.R. 31.

(f) Termination of Representation. When an attorney has entered an appearance, other than a limited appearance pursuant to C.A.R. 5(e), on behalf of a party in an appellate court without having previously represented that party in the matter in any other court, the attorney's representation of the party shall terminate at the conclusion of the proceedings in the appellate court in which the attorney has appeared, unless otherwise directed by the appellate court or agreed to by the attorney and the party represented. Counsel may file a notice of such termination of representation in any other court.

Committee Notes

Source: Entire rule added August 30, 1985, effective January 1, 1986; (b)(2) amended