Local Rule 83.I.07: Withdrawal of Appearance
D.S.C. — Attorney rule
83.I.07: Withdrawal of Appearance. No attorney whose appearance has been entered may withdraw his or her representation or be relieved as counsel except with leave of court on motion filed pursuant to this rule.
(A) If the withdrawal will not leave the party unrepresented, the motion shall state whether it is with the consent of (1) the party and (2) those attorney(s) who will remain as counsel for the party. If the required consents have not been obtained, moving counsel shall show good cause why the relief should be granted and shall give notice to the party as required under subpart (B)(3). If new counsel are to be substituted, they must enter an appearance before the motion to withdraw will be granted.
(B) If the withdrawal will leave the party unrepresented, the motion shall:
(1) Include the mailing address and telephone number for the party.
(2) If the party is a corporation, partnership, association, other legal entity, or any person proceeding in a representative capacity, state that the party has been informed that (a) it may not proceed without counsel, (b) its counsel must be admitted in this district, and (c) it may be held in default or have its claims dismissed if it fails to obtain replacement counsel within a reasonable time.
(3) Be filed along with either a consent to withdrawal signed by the party or a certification that the party has been provided a copy of the motion and an explanation of the party's right to object to withdrawal. The explanation shall inform the party of the date the motion was filed and state that any response must be received by the court within seventeen (17) days of the filing date. If the party is a natural person, the explanation shall advise that the response may be in the form of a letter signed by the party. If the party is a corporation, partnership, association, other legal entity, or any person proceeding in a representative capacity, the explanation shall advise that the response must be filed by counsel.
(C) If the withdrawing attorney was movant for an attorney admitted pro hac vice, another attorney must file a certification that he or she accepts the duties of local counsel.
(D) In the event an attorney dies or becomes incapacitated, any attorney involved in the action who is aware of the death or incapacitation should inform the court.