Rule 43-35. Submission of Memorandum of Law

(a) At the time such motion for leave to withdraw is filed, counsel shall submit to the presiding judge a memorandum of law outlining anything in the record that might arguably support the appeal and the factual and legal basis for the conclusion that an appeal would be wholly frivolous.

(b) Any motion for leave to withdraw and supporting memorandum of law shall be filed under seal and provided to the defendant. Counsel shall serve opposing counsel with notice that a motion for leave to withdraw has been filed but shall not serve opposing counsel with a copy of the motion or any supporting memorandum of law. The defendant shall have thirty days from the date the motion and supporting memorandum are filed to file a response with the court.

Committee Notes

(Amended June 23, 2017, to take effect Jan. 1, 2018.) (P.B. 1978-1997, Sec. 953.) (Amended June 23, 2017, to