Local Rule 83.3: Substitution and Withdrawal of Counsel

83.3 Substitution and Withdrawal of Counsel

(a) Substitution of Counsel. When a party changes attorneys, a notice of substitution signed by the incoming and the outgoing attorney must be filed by the incoming attorney. The incoming attorney is responsible for ensuring that he or she is added to the case for the correct party or parties and is properly designated to receive notices of electronic filing. When the incoming attorney makes an appearance, the clerk must terminate electronic service on the outgoing attorney. Substitution of counsel automatically revokes any consent to e-mail service under Fed. R. Civ. P. 5(b)(E)-(F) or Fed. R. Crim. P. 49(b).

(b) Withdrawal of Counsel.

(1) When an attorney's withdrawal will leave any party without counsel for any period of time, the attorney may withdraw only by leave of court.

(2) A motion for leave to withdraw must state the client's last known mailing address and must be accompanied by either:

(A) the client's written consent to counsel's withdrawal, signed by the attorney and the client and acknowledging the client's obligation immediately to retain new counsel or appear pro se; or

(B) an affidavit of counsel showing that:

(i) a notice of intent to file a motion to withdraw was personally served on the client at least 14 days prior to filing the motion to withdraw;

(ii) the client has been advised of its obligation immediately to retain new counsel or appear pro se if the motion to withdraw is granted; and

(iii) facts constituting good cause support withdrawal. A showing of good cause may be made by filing an ex parte affidavit separate from the affidavit addressing subsections (i) and (ii) above. An ex parte affidavit must be served on the client but need not be served on any other party.