Rule 28. Appearance, Withdrawal, and Excusal of Counsel Attorneys

(a) Appearance. An attorney for a defendant in a case before a municipal court or the wherein the action is pending. If the charged violation is a refusal to submit to a chemical test pursuant to G.L. 1956 § 31-27-2.1, the attorney shall send a copy of the entry of appearance to the Office of the Attorney General.

(b) Withdrawal.

(1) By Motion . An attorney who has filed an entry of appearance on behalf of any defendant in a pending action may not withdraw unless the attorney first obtains the consent of the court. All withdrawals shall be upon motion with notice to the defendant and the attorney for the state or prosecuting officer. A motion to withdraw shall not be granted unless the attorney appends to the motion the last known address of the attorney's client, which shall be the official address to which notices may be sent. A motion to withdraw shall be accompanied by an affidavit setting forth facts showing the military status of the defendant. If it appears that the defendant is in the military service of the United States, as defined in the Servicemembers Civil Relief Act (50 U.S.C.A. App. § 501, et seq.), the motion shall not be granted unless the defendant consents thereto in writing or another attorney appears as counsel of record at the time of such withdrawal.

(2) By Stipulation . Where a defendant for whom the attorney has filed an entry of appearance is desirous of substituting a new attorney, a stipulation may be entered in which the first attorney withdraws the entry and the replacement attorney enters an appearance. Such a stipulation shall not be entered where the substitution of the attorney shall be cited by the defendant as justification for delay of proceedings.

(c) Excusal. An attorney shall not be excused from attendance except upon application to the chief magistrate or a judicial officer in the absence of the chief magistrate, and such excuse from attendance shall be granted on such terms and conditions as the court may set. In case of the sudden illness of the attorney, or the attorney's absence from a hearing for some other imperative and unforeseen cause, a judicial officer shall take such action, without notice, as shall appear reasonable under the circumstances.