N.M. R. Civ. P. Magist. Ct. 2-108

As amended through August 23, 2024

Rule 2-108 - Withdrawal or substitution of attorneys

A.Approval of court. An attorney or firm who has appeared without limitation in a cause may withdraw from it upon motion and approval of the court. The motion shall be substantially in the form approved by the Supreme Court. Approval of the court may be conditioned upon substitution of other counsel or the filing by a party of an address at which service may be made upon the party, with proof of service on all other parties, or otherwise. Following withdrawal by counsel, an unrepresented party shall have twenty (20) days within which to secure counsel or be deemed to have entered an appearance pro se. Withdrawing counsel or substitute counsel shall serve on all parties a copy of the motion requesting written consent to withdraw and shall file proof of service with the court prior to entry of the court's order. Attorneys whose appearances are limited as set forth in Paragraph C of Rule 2-107 NMRA need not obtain consent of the court before withdrawing or otherwise ceasing to act in the matter, except if the purpose of the limited representation is not completed.

B.Withdrawal without consent. If an attorney who has appeared without limitation ceases to act in a cause for a reason other than withdrawal or consent, upon motion of any party, the court may require the taking of such steps as may be advised to insure that the cause will proceed with promptness and dispatch.

C.Representation after final judgment. Attorneys of record shall continue to be subject to service for ninety (90) days after entry of final judgment. After expiration of the ninety (90) day period, unless an attorney enters an appearance, the party shall be deemed to have entered an appearance pro se. This rule does not preclude the earlier withdrawal of counsel as provided above.

D.Service upon responding party. In the event of further legal proceedings between the parties after the ninety (90) days have elapsed, the moving party shall effect service of process upon the responding party in the manner prescribed by Rule 2-202 NMRA.

N.M. R. Civ. P. Magist. Ct. 2-108

As amended, effective 7/1/1990;9/15/2000;2/16/2004; as amended by Supreme Court Order No. 08-8300-014, effective 6/20/2008.

ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-014, effective June 20, 2008, added the last sentence in Subsection A to provide for a limited appearance by an attorney and limited the application of the remainder of the provisions of Subsection A and the provisions of Subsection B to the withdrawal of attorneys who have appeared without limitation. The 2003 amendment, effective February 16, 2004, in Paragraph A, substituted "approval of court" for "consent and notice" in the introductory language, "an" for "no" and "upon motion and approval of the court" for "without written consent of the court, filed with the clerk" in the first sentence, inserted the present second sentence, substituted "approval" for "consent" in the present third sentence, deleted "subject to the provisions of Rule 2-107 NMRA" at the end of the present fourth sentence, and substituted the present last sentence for "notice of withdrawal or substitution of counsel shall be given to all parties either by withdrawing counsel or by substituted counsel and proof of service filed with the clerk", and deleted "subject to the provisions of Rule 2-107 NMRA" at the end of the second sentence of Paragraph C. The 2000 amendment, effective September 15, 2000, in Subsection A, deleted "magistrate" preceding "court" in the first sentence; substituted "Consent of the court" for "Such consent may" at the beginning of the second sentence and inserted "subject to the provisions of Rule 2-107 NMRA" at the end of the second sentence; in Subsection C, rewrote the bold catchline and added the second sentence. The 1990 amendment, effective for cases filed in the magistrate courts on or after July 1, 1990, designated the former first paragraph as Paragraph A, added the present heading of that paragraph, and inserted the present third sentence therein; designated the former second paragraph as Paragraph B, adding the present heading thereto; and added present Paragraphs C and D. Am. Jur. 2d, A.L.R. and C.J.S. references. - 7 Am. Jur. 2d Attorneys At Law §§ 181 to 191. Construction and effect of statutory provision requiring adverse party to give notice when attorney ceases to act as such, 42 A.L.R. 1347. Necessity of order of substitution where new attorney is employed to prosecute an appeal, 70 A.L.R. 834. Adjustment or determination of compensation of discharged attorney as condition of substitution of attorney by court order, 124 A.L.R. 725. 7A C.J.S. Attorney and Client §§ 218 to 233.