Rule 3-10. Motion To Withdraw Appearance

(a) No motion for withdrawal of appearance shall be granted unless good cause is shown and until the judicial authority is satisfied that reasonable notice has been given to other attorneys of record and that the party represented by the attorney was served with the motion and the notice required by this section or that the attorney has made reasonable efforts to serve such party. All motions to withdraw appearance shall be set down for argument and when the attorney files such motion, he or she shall obtain such argument date from the clerk.

(b) In civil and family cases, a motion to withdraw shall include the last known address of any party as to whom the attorney seeks to withdraw his or her appearance and shall have attached to it a notice to such party advising of the following:

(1) the attorney is filing a motion which seeks the court's permission to no longer represent the party in the case; (2) the date and time the motion will be heard and whether such hearing will be conducted in person or remotely. If the hearing is conducted remotely, the attorney will provide the party with any information necessary to access the hearing remotely; (3) the party may appear in person on that date and address the court concerning the motion if the hearing will be conducted in person and may appear remotely on that date and address the court concerning the motion if the hearing will be conducted remotely; (4) if the motion to withdraw is granted, the party should either obtain another attorney or file an appearance on his or her own behalf with the court; and

(5) if the party does neither, the party will not receive notice of court proceedings in the case and a nonsuit or default judgment may be rendered against such party. If the hearing has not been scheduled at the time that the attorney files and serves the motion and notice, the attorney shall serve the party with a revised notice that provides the information required by subdivisions

(2) and (3) of this subsection.

(c) In criminal and juvenile matters, the motion to withdraw shall comply with subsections (b) (1),

(2) and (3) of this section and the client shall also be advised by the attorney that if the motion to withdraw is granted the client should request court appointed counsel, obtain another attorney or file an appearance on his or her own behalf with the court and be further advised that if none is done, there may be no further notice of proceeding and the court may act.

(d) In addition to the above, each motion to withdraw appearance and each notice to the party or parties who are the subject of the motion shall state whether the case has been assigned for pretrial or trial and, if so, the date so assigned.

(e) The attorney's appearance for the party shall be deemed to have been withdrawn upon the granting of the motion without the necessity of filing a withdrawal of appearance.

Committee Notes

(P.B. 1978-1997, Sec. 77 (d).) (Amended June 26, 2000, to take effect Jan. 1, 2001; amended June 25, 2001, to take effect Jan. 1, 2002; amended June 21, 2004, to take effect Jan. 1, 2005; amended June 14, 2024, to take effect Jan. 1, 2025.)