Rule 13 Appearances—Time to Plead—Withdrawal

(a) Written Appearances. If a written appearance is filed, copies of the appearance shall be served in the manner required for the service of copies of pleadings.

(b) Time to Plead. A party who appears without having been served with summons is required to plead within the same time as if served with summons on the day he appears.

(c) Appearance and Withdrawal of Attorneys.

(1) Addressing the Court. An attorney shall file a written appearance or other pleading before addressing the court unless the attorney is presenting a motion for leave to appear by intervention or otherwise.

(2) Notice of Withdrawal. Except as provided under paragraph (c)(7), an attorney may not withdraw his or her appearance for a party without leave of court and notice to all parties of record. Unless another attorney is substituted, the attorney must give reasonable notice of the time and place of the presentation of the motion for leave to withdraw, by personal service, certified mail, or a third-party carrier, directed to the party represented at the party’s last known business or residence address. Alternatively, the attorney may give such notice electronically, if receipt is acknowledged by the party. Such notice shall advise said party that to insure notice of any action in said cause, the party should retain other counsel therein or file with the clerk of the court, within 21 days after entry of the order of withdrawal, a supplementary appearance stating therein an address to which service of notices or other documents may be made.

(3) Motion to Withdraw. The motion for leave to withdraw shall be in writing and, unless another attorney is substituted, shall state the last known address(es) of the party represented. The motion may be denied by the court if granting the motion would delay the trial of the case, or would otherwise be inequitable.

(4) Copy to be Served on Party. If the party does not appear at the time the motion for withdrawal is granted, either in person or by substitute counsel, then, within three days of the entry of the order of withdrawal, the withdrawing attorney shall serve the order upon the party in the manner provided in paragraph (c)(2) of this rule and file proof of service of the order.

(5) Supplemental Appearance. Unless another attorney is, at the time of such withdrawal, substituted for the one withdrawing, the party shall file in the case within 21 days after entry of the order of withdrawal a supplementary appearance, stating therein an address at which the service of notices or other documents may be had upon him or her. A self-represented litigant may supply an e-mail address for service, pursuant to Rule 11(b). In the case of the party’s failure to file such supplementary appearance, subsequent notices and filings shall be directed to the party at the last known business or residence address.

(6) Limited Scope Appearance. An attorney may make a limited scope appearance on behalf of a party in a civil proceeding pursuant to Rule of Professional Conduct 1.2(c) when the attorney has entered into a written agreement with that party to provide limited scope representation. The attorney shall file a Notice of Limited Scope Appearance, using an approved statewide form, identifying each aspect of the proceeding to which the limited scope appearance pertains. An attorney may file a Notice of Limited Scope Appearance more than once in a case. An attorney must file a new Notice of Limited Scope Appearance before any additional aspect of the proceeding in which the attorney intends to appear. A party shall not be required to pay more than one appearance fee in a case.

(7) Withdrawal Following Completion of Limited Scope Representation. Upon completion of the representation specified in the Notice of Limited Scope Appearance filed pursuant to paragraph (6), the attorney shall withdraw from the Limited Scope Appearance through one of the methods provided in parts (i)-(ii) of this paragraph, each of which requires filing a Notice of Completion of Limited Scope Appearance, using an approved statewide form. A withdrawal for any reason other than completion of the limited scope representation shall be requested by motion under paragraphs (c)(2) and (c)(3).

(i) Method 1—In Open Court. If the attorney completes the representation at or before a court hearing attended by the party the attorney represents, the attorney may present the Notice of Completion of Limited Scope Appearance without prior notice to the party the attorney represents or to other parties. Upon presentment of the Notice of Completion of Limited Scope Appearance, the attorney’s appearance is withdrawn without the necessity of leave of court. The court may require the attorney to give written notice of the completion of the limited scope representation to parties who were neither present nor represented at the hearing. If the party objects that the attorney has not completed the limited scope representation, the court must hold an evidentiary hearing on the objection, either immediately or on a specified later date. After hearing the evidence, the court must enter an order allowing the attorney to withdraw from the case unless the court expressly finds by clear and convincing evidence that the attorney has not completed the representation specified in the Notice of Limited Scope Appearance.

(ii) Method 2—Outside of Court. The attorney may also withdraw by filing an approved statewide form Notice of Completion of Limited Scope Appearance outside of open court and serving the Notice and an approved statewide form Objection to Completion of Limited Scope Appearance on the party the attorney represents and other counsel of record and other parties not represented by counsel, unless the court by order excuses service on other counsel and other parties. The attorney must also serve the Notice on the judge then presiding over the case. The attorney must file proof of service in compliance with this paragraph. Upon filing the Notice of Completion of Limited Scope Appearance and Objection to Completion of Limited Scope Appearance, the attorney’s appearance is withdrawn without necessity of leave of court. Within 21 days after the service of the Notice and Objection, the party may file an Objection to Completion of Limited Scope Appearance, prepared by utilizing, or substantially adopting the appearance and content of, the form provided in the Article I Forms Appendix. The party must serve the Objection on the attorney and must also serve it on other counsel of record and other parties not represented by counsel unless the court by order excuses service on other counsel and other parties. If a timely Objection is filed, however, the attorney must notice a hearing on the Objection. If the ground for the Objection is that the attorney has not completed the representation specified in the Notice of Limited Scope Appearance, the court must hold an evidentiary hearing. After the requisite hearing, the court must enter an order allowing the attorney to withdraw unless the court expressly finds by clear and convincing evidence that the attorney has not completed the representation specified in the Notice of Limited Scope Appearance.

(8) Period of Representation in the Trial Court. Except upon withdrawal pursuant to paragraphs (c)(2), (3), (4), and (7), or as may be provided in a limited scope appearance under paragraph (c)(6) of this rule, an attorney’s appearance in the trial court ends upon the filing of a notice of appeal from the final judgment on behalf of the client or upon the expiration of the time for filing the notice, whichever occurs first.