As amended through October 9, 2024
Rule 3 - Appearance and Withdrawal of Attorney1.When a defendant is represented by an attorney, that defendant cannot appear on their own behalf in the case without the consent of the court. An attorney who has appeared for the defendant shall represent that defendant in the case and shall be recognized by the court and by all parties as having control of the defendant's case until: the attorney withdraws; another attorney is substituted; or the attorney is discharged by the defendant in writing, filed with the court. The court in its discretion may hear from a defendant in open court, although the defendant is represented by an attorney.2. An attorney in any case may be changed: (A) When a new attorney substitutes in place of the attorney withdrawing. In this circumstance, consent of the incoming attorney and the client and acknowledgment of the outgoing attorney shall be filed with the court and served upon all parties or their attorneys; or(B) When no attorney has been retained to replace the attorney withdrawing. In this circumstance, withdrawal must be requested by a properly noticed motion and ordered by the court. (i) If the attorney makes the motion, the attorney shall include in a declaration the address, or last known address, phone number, and email address at which the client may be served with notice of further proceedings. The attorney shall serve a copy of the motion and supporting papers upon the client and all other parties to the action or their attorneys.(ii) If the motion is made by the client, the client shall include the address, phone number, and email address at which the client may be served with notice of all further proceedings, and shall serve a copy of the application upon the attorney and all other parties to the action or their attorneys.(C) When a direct appeal has been concluded or the time for filing a notice of appeal has expired, the attorney may file a notice of withdrawal.3. The substituted attorney shall transfer all files and discovery to the client's new attorney within 5 days of the substitution unless otherwise ordered by the court.4. Any order permitting withdrawal of an attorney shall contain the address, phone number, and email address at which the party is to be served with notice of all further proceedings.5. Except for good cause shown, no application for withdrawal or substitution shall be granted if a delay of the trial or of the hearing of any other matter in the case would result. Discharge of an attorney may not be grounds to delay a trial or other hearing.6. An entity may not appear in proper person.As adopted effective 3/1/2021.