Rule 304 - [Effective 1/1/2025] Appearance, Substitution, and Withdrawal; Responsibilities of Parties(a) Applicability. As used in this rule, the term "attorney" includes a GAL.(b) Attorney's Duties.(1)Appearance. An attorney may appear as attorney of record by filing a notice of appearance, a petition, or a motion to intervene. An attorney may also enter an initial appearance by appearing personally or telephonically and advising the court that the attorney is representing a party. An attorney may not file a document in any action or act on behalf of a party without appearing first as attorney of record.(2)Representation. After an attorney has appeared of record in any action, the attorney will be responsible for all matters involving the action until:(A) another attorney is substituted as attorney of record for a party;(B) the action is dismissed and the time for filing notice of appeal has expired;(C) the court enters an order terminating representation and, if applicable, any time for filing a notice of appeal has expired; or(D) if an attorney represented the party solely on appeal, the issuance of an appellate mandate.(c) Withdrawal. An attorney of record may withdraw only by court order. The attorney's written or oral motion must state the reasons for withdrawal. A written motion must list the future hearing dates and must be accompanied by a proposed order. The attorney remains the person's attorney of record until the court grants the motion to withdraw. (1)Client Consent. A written motion that contains the client's written consent may be presented to the court ex parte and must be accompanied by a proposed order. The withdrawing attorney must promptly provide the signed order to the other parties' attorneys. If an oral motion is presented on the record and the client is present and consents to a withdrawal, the court may rule on the motion at that time.(2)No Client Consent. If the attorney does not move to withdraw under subpart (c)(1), the attorney must move to withdraw in writing and serve the client with the motion. The attorney also must provide a copy of the motion to the other parties' attorneys. The attorney must provide the court with the reasons for the withdrawal and the client's last known address, email address, and telephone number. The motion must include the attorney's certification that the client has been notified in writing of the status of the case including dates and times of any court hearings or trial settings and advised to comply with any existing court orders or face the possibility of sanctions. If a client cannot be located, the attorney may move to withdraw orally on the record or in writing. The court must endorse the client's last known address on the minute entry.(3)Attorney or GAL for a Child. Subparts (c)(1) and (c)(2) do not apply to an attorney or GAL for a child. An attorney or GAL representing a child may withdraw or substitute only by court order.(4)Limited Purpose. An attorney who appears for a limited purpose must file a notice of withdrawal upon completion of the limited purpose.(d) Attorney Substitution.(1)Generally. Except as provided in subpart (d)(2), an attorney may substitute as attorney of record in a pending action only by court order. The attorney must file a motion that contains the client's written consent and a proposed order. The motion and proposed order may be presented to the court ex parte. The substituting attorney must promptly provide the signed order to the other parties' attorneys.(2)Within the Same Firm or Office. If a pending case is transferred within the same law firm or governmental office, the court must be notified of the new attorney of record, including any changes in the physical or email address. An order of substitution is not required. If such a transfer is made for purpose of appeal, the notice shall be filed with the appellate court before which the case is pending.(e) Withdrawal or Substitution of Counsel When Matter Set for Trial. The court may not permit an attorney to withdraw or substitute after a matter has been set for trial, unless the court finds ethical grounds or good cause for the withdrawal. If applicable, the motion must provide:(1)From a New or Substituting Attorney: the name and address of the attorney and a signed statement from that attorney acknowledging the trial date and avowing that the attorney will be prepared for trial; or(2)From a Self-Represented Party: when a client wishes to self-represent and the attorney is withdrawing, the client must put in writing or state on the record that the client has been advised of the trial date and has made suitable arrangements for self-representation and will be prepared for trial.(f)Concurrent Appellate Attorney for Child. A child's attorney may request that the juvenile court appoint different counsel to represent the child during an appeal while the child's trial counsel continues to represent the child in any ongoing proceedings in the trial court. Both attorneys shall ensure that the child is kept apprised of the appeal.(g) Duty of Attorney After Withdrawal or Substitution. No later than 7 days after withdrawal or substitution, other than a substitution from within the same firm or office, the former attorney must transfer the file and provide the client's most current contact information and all disclosure to the new lawyer or to the client, if self-represented. The attorney must preserve the file if the client's whereabouts are unknown.(h) Responsibility to the Court.(1)Attorneys and Self-Represented Litigants. Each attorney of record, GAL, and self-represented litigant must remain informed of the status of, and the deadlines in, pending actions in which that attorney or self-represented litigant has appeared.(2)Attorneys. An attorney who changes an office address, email address, or telephone number must notify the clerk in each of the counties in which that attorney has pending actions of the attorney's current office and email address and telephone number, and must file a notice in each case in which the attorney has appeared containing that information.(3)Self-Represented Litigants. Self-represented litigants must file a notice containing their mailing address, telephone number, and any email address, and provide copies of the notice to the other parties' attorneys. It is the responsibility of a self-represented litigant to file an updated notice of any change in contact information no later than 7 days after the change, and to promptly provide a copy of the updated notice to the parties' attorneys.Added Dec. 8, 2021, effective 7/1/2022; amended August 22, 2024, effective 1/1/2025.