Johnson County Kansas District Court
 
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Withdrawal of Attorney

1. An attorney seeking to withdraw under Supreme Court Rule 117 must file and serve a motion for leave to withdraw on all counsel of record, and provide a proposed order for the court. The motion for leave to withdraw must be served on the withdrawing attorney's client. Proof of service on the client shall be filed with the clerk. Withdrawal shall not be effective until an order authorizing withdrawal is filed. The withdrawing attorney shall mail a copy of the order to the party affected. Withdrawal will not be permitted without a showing that the litigant has been notified of pending hearings and that the case will proceed whether the litigant is represented by counsel or not.

2. A motion for leave to withdraw under Supreme Court Rule 117 shall be substantially in the following form:

MOTION FOR LEAVE TO WITHDRAW
(Pursuant to Supreme Court Rule 117 and Local Rule 7)

Attorney ___________________ hereby moves to withdraw as counsel for ________________, (plaintiff/defendant), in the above-captioned case. This motion to for leave to withdraw will be submitted to the Court for approval on the ____ day of _________, 20__, at ________ __.m.

You are further notified that further proceedings may be held in this matter whether or not you are represented by counsel. If you do not retain other counsel, you should appear personally at any scheduled hearings. Presently scheduled hearings are:
______[Type of hearing]_________ Date: _____________, 20__ Time: _________ __.m.

All notices and orders entered in this case after withdrawal of your attorney will be mailed to you at the address shown below.

Attorney for ___________________

CERTIFICATE OF SERVICE

This is to certify that a copy of the above and foregoing Motion for Leave to Withdraw was mailed, postage prepaid, on the _____ day of __________, 20___, to:

(all other counsel of record)

(withdrawing attorney's client, with address listed for future service of papers)

____________________________

Attorney for __________________

3. An order permitting withdrawal of an attorney shall be substantially in the following form:

ORDER PERMITTING WITHDRAWAL AND NOTICE OF HEARING
(Pursuant to Supreme Court Rule 117 and Local Rule 7)

Upon application of _____________________, for good cause shown, leave is hereby granted to that attorney to withdraw as attorney of record for ____________________, (plaintiff/defendant). Notices of hearings in this case may now be served directly on that attorney's former client at the address shown in the attorney's motion for leave to withdraw unless (1) the party files with the court and serves on all parties a notice that a different address should be used to serve pleadings or (2) an attorney enters an appearance on behalf of that party. Further proceedings may be held in this matter whether or not the party is represented by counsel. Presently scheduled hearings are:
______[Type of hearing]____________ Date: ____________, 20__
Time: _________ __.m.

                                    __________________________
                                    District Judge

CERTIFICATE OF SERVICE

This is to certify that a copy of the above and foregoing Order was mailed, postage prepaid, in the United States mail this ______ day of ________________, 20___, to

(all counsel of record)

(withdrawing attorney's client, with address listed for future service of papers)

________________________________

Former Attorney for ________________

4. Substitution of counsel admitted to practice in this court is authorized without an order of the court. Substitution of counsel may be accomplished by the filing of a pleading entitled "Withdrawal of Counsel and Entry of Appearance of Substituted Counsel" signed by the attorney withdrawing and the attorney to be substituted. Such pleading shall be served on the client and all counsel of record in the case.

5. The withdrawal and substitution pleading shall be substantially the following form:

WITHDRAWAL OF COUNSEL AND
ENTRY OF APPEARANCE OF SUBSTITUTED COUNSEL

______________ hereby withdraws as counsel for ______________, (plaintiff/defendant), in the above-captioned action.

______________ hereby enters his/her appearance as counsel for _________________, (plaintiff/defendant), in the above-captioned action.

____________________________
Withdrawing Attorney                       

____________________________
Attorney for __________________

CERTIFICATE OF SERVICE

This is to certify that a copy of the above and foregoing Order was mailed, postage prepaid, in the United States mail this _____ day of __________, 20___, to:  _______________________________________________
__________________________________________________.

____________________________
Attorney for __________________

Phone: (913) 715-3300 Johnson County District Court
100 N. Kansas Ave.
Olathe, Kansas  66061
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