Local Rule DUCivR 83-1.4: ATTORNEYS – SUBSTITUTION AND WITHDRAWAL
D. Utah — Attorney rule
DUCivR 83-1.4 ATTORNEYS – SUBSTITUTION AND WITHDRAWAL
(a) Substitution.
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.
(b) Withdrawal.
(1) Leave of Court Not Required. 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 that states:
(A) the party continues to be represented by an attorney who has appeared under DUCivR 83-1.3; and
(B) the continuing attorney is aware of and will comply with all pending deadlines, hearings, and trial dates.
(2) Leave of Court Required. Except as allowed in section 83-1.4(b)(1), an attorney may not withdraw in a pending action without leave of the court. The attorney seeking to withdraw must file a motion under DUCivR 7-1(a)(4)(D) that includes:
(A) the reason for withdrawal or a statement that disclosing the reason for withdrawal would violate the rules of professional conduct;
(B) the party's last-known contact information including mailing address, email address, and telephone number or an explanation why the information is unavailable;
(C) a statement of whether the party does or does not consent to the withdrawal;
(D) the status of the case including any pending motions, the dates and times of any scheduled hearings, and requirements under any existing court orders or rules;
(E) a certification signed by the party indicating they are eligible to proceed with the trial as scheduled without an attorney, if a trial date has been scheduled and an attorney is unavailable to appear;
(F) a certification that the motion was filed and served on all parties or, if applicable, an explanation why a party cannot be notified about the motion; and
(G) a proposed order for the court, available on the website, attached as an exhibit, that notifies the party who will be without an attorney:
(i) that within 21 days, they must retain an attorney or proceed without an attorney and file a Notice of Appearance;
(ii) that if the party is a corporation, association, partnership, or other artificial entity, it must be represented by an attorney who is admitted under DUCivR 83-1.1 and that attorney must file a Notice of Appearance; and
(iii) that a party who fails to retain an attorney or file a Notice of Appearance may be subject to sanctions including entry of a default judgment or an order of dismissal.
(3) Withdrawal of Limited Appearance.
(A) An attorney who has entered a limited appearance under DUCivR 83-1.3 must file a Notice of Withdrawal after the purpose of the limited appearance has been fulfilled.
(B) An attorney seeking to withdraw before the conclusion of the purpose of the limited appearance must proceed under section 83-1.4(b)(2).
(C) Failure to file a Notice of Withdrawal will constitute the attorney's consent to continue appearing on the party's behalf as if a general appearance had been filed.
(c) Procedure After Entry of an Order of Withdrawal.
(1) Stay. The action is stayed for 21 days after the court grants the motion for withdrawal, unless the court permits the unrepresented party to waive the time requirement or the court orders otherwise.
(2) Appearance. Within 21 days after the court grants the motion or within the time the court has ordered:
(A) an attorney must file an appearance on behalf of an individual whose attorney has withdrawn or, if the individual intends to proceed without an attorney, the individual must file a Notice of Appearance; and
(B) an attorney must file an appearance on behalf of any corporation, association, partnership, or other artificial entity whose attorney has withdrawn.
(3) Scheduling Conference. After expiration of the stay or as the court has ordered, a party may request a scheduling conference or submit a proposed amended scheduling order.
(d) Sanction.
An unrepresented party who fails to appear within 21 days after entry of the order, or within the time the court requires, may be sanctioned under Fed. R. Civ. P. 16(f)(1), including entry of a default judgment or an order of dismissal.