044-32 Wyo. Code R. § 32-9

Current through April 27, 2019

Section 32-9 - Appearances and Withdrawals

(a) A party, whether it be an individual, corporation, partnership, governmental organization, or other entity may appear through an attorney or representative. An individual may represent himself/herself. An individual or entity seeking to intervene in a contested case under Rule 24 of the Wyoming Rules of Civil Procedure, may appear through an attorney or representative prior to a ruling on the motion to intervene.

(b) Prior to withdrawing from a contested case, an attorney shall file a motion to withdraw. The motion for an attorney's withdrawal shall include a statement indicating the manner in which notification was given to the client and setting forth the client's last known address and telephone number. The hearing officer shall not grant the motion to withdraw unless the attorney has made reasonable efforts to give actual notice to the client that:

(i) the attorney wishes to withdraw;

(ii) the client has the burden of keeping the hearing officer informed of the address where notices, pleadings, or other papers may be served;

(iii) the client has the obligation to prepare, or to hire another attorney or representative to prepare, for the contested case and the dates of proceedings;

(iv) the client may suffer an adverse determination in the contested case if the client fails or refuses to meet these burdens;

(v) the pleadings and papers in the case shall be served upon the client at the client's last known address; and

(vi) the client has the right to object within 15 days of the date of notice.

(c) Prior to withdrawing from a contested case, a representative shall provide written notice of withdrawal to the hearing officer and the agency.

(d) The filing of an answer or other appearance by an attorney constitutes his appearance for the party for whom the pleading is filed. Any person appearing before the commissioner, or hearing officer, at a hearing in a representative capacity shall be precluded from examining or cross-examining any witness unless such representative is a Wyoming licensed attorney, or a non-resident attorney granted pro hac vice status or a representative of the Department designated by the commissioner. This rule shall not be construed to prohibit any person from representing himself. Any person appearing must abide by the Wyoming Rules of Civil Procedure and the Wyoming Rules of Evidence so far as they are applicable under these rules and the Wyoming Administrative Procedure Act.

044-32 Wyo. Code R. § 32-9

Amended, Eff. 2/21/2018.