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Appearance & Withdrawal of Attorney

Pursuant to DUCivR 83-1.3, an attorney, who is an active member in good standing of the Bar of this Court or has been admitted pro hac vice, enters an appearance as counsel of record by signing and filing any pleading in the case. If an attorney wants to represent a party in a case before the Court in which he or she has not previously filed a paper, the attorney must file a Notice of Appearance of Counsel promptly upon undertaking the representation of that party.

Withdrawal of Attorney

Pursuant to DUCivR 83-1.4, an attorney may neither withdraw nor be substituted as an attorney of record without court approval. If the Court does not authorize the withdrawal or substitution of counsel, the attorney seeking to withdraw will remain as counsel of record. All counsel of record are deemed responsible in all matters until the case is disposed and all rights of appeal have expired.

To withdraw or substitute counsel, the withdrawing attorney must submit a motion for withdrawal or substitution of counsel along with a proposed order to the Court. All motions to withdraw or substitute counsel must state the reasons for the application along with the name, address, and telephone number of the client. If the withdrawing attorney has obtained the written consent of the client to withdraw, the consent must be included with the motion, and the motion may be submitted to the Court ex parte. Without written consent from the client, the attorney seeking to withdraw must serve the motion on the client and all parties of record or their attorneys. The motion must certify either that the client was notified in writing of the status of the case or that the client cannot be located. If a trial date has been set in the matter, an attorney of record may withdraw only under certain circumstances. See DUCivR 83-1.4(a)(2) for more details.