Appearance
Under 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, appears on behalf of a party by appearing in court; filing a notice of appearance; or signing a pleading, motion, or waiver of service. To appear in a case, an attorney must be admitted to practice in this district under DUCivR 83-1.1. An attorney must file a Notice of Appearance of Counsel promptly when appearing on behalf of a party in a case.
Substitution
Under DUCivR 83-1.4, An attorney admitted to practice under DUCivR 83-1.1 may replace an attorney in a pending case without leave of court by filing a Notice of Substitution. The notice must: (1) verify that the attorney entering the case is aware of and will comply with all pending deadlines; (2) identify the party who the attorney is representing; (3) be signed by the newly appearing attorney; and (4) be served on all parties.
Withdrawal
An attorney may withdraw without leave of court if the party continues to be represented by another attorney who has entered an appearance. To withdraw, the attorney must file a Notice of Withdrawal of Counsel. Review DUCivR 83-1.4 for the requirements for the Notice.
An attorney may not withdraw without leave of the court if the party would be without representation. To request leave, the attorney must file a motion. Review DUCivR 83-1.4 for the requirements for the motion.