Johnson County District Courts Johnson County District Courts
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Local Court Rules Court Administration |
<--- Previous Rule or Next Rule ---> CIVIL RULE NO. 7 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. In addition, 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 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: 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 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:
__________________________ CERTIFICATE OF SERVICE This is to certify that a copy of the above and foregoing Order 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 ________________ 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 ______________ 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. CERTIFICATE OF SERVICE This is to certify that a copy of the above and foregoing Order was
mailed, postage prepaid, on the _____ day of __________, 20___, to:
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