Eighth Judicial Court Rules

Rule 7.40 – Appearances; substitutions; withdrawal or change of attorney.

Rule 7.40. Appearances; substitutions; withdrawal or change of attorney.

  • (a) When a party has appeared by counsel, the party cannot thereafter appear on the party’s own behalf in the case without the consent of the court. Counsel who has appeared for any party must represent that party in the case and shall be recognized by the court and by all parties as having control of the case. The court in its discretion may hear a party in open court although the party is represented by counsel.

    (b) Counsel in any case may be changed only:

    (1) When a new attorney is to be substituted in place of the attorney withdrawing, by the written consent of both attorneys and the client, which must be filed with the court and served upon all parties or their attorneys who have appeared in the action, or

    (2) When no attorney has been retained to replace the attorney withdrawing, by order of the court, granted upon written motion, and

    (i) If the application is made by the attorney, the attorney must include in an affidavit the address, or last known address, at which the client may be served with notice of further proceedings taken in the case in the event the application for withdrawal is granted, and the telephone number, or last known telephone number, at which the client may be reached and the attorney must serve a copy of the application upon the client and all other parties to the action or their attorneys, or

    (ii) If the application is made by the client, the client must state in the application the address at which the client may be served with notice of all further proceedings in the case in the event the application is granted, and the telephone number, or last known telephone number, at which the client may be reached and must serve a copy of the application upon the client’s attorney and all other parties to the action or their attorneys.

    (c) No application for withdrawal or substitution may be granted if a delay of the trial or of the hearing of any other matter in the case would result.

    [Amended; effective August 21, 2000.]