Phil. Cnty. Pa. 1012

As amended through December 18, 2021
Rule 1012 - Entry and Withdrawal of Appearance
(A)Entry of Appearance. In order to prevent delay of the litigation, an attorney who enters an appearance for a party shall be deemed to be available and ready to try the case on the assigned hearing or trial date. The hearing or trial date will not be rescheduled due to the entry of appearance of counsel of any party.
(B)Simultaneous Withdrawal and Entry of Appearance. In order to prevent delay of the litigation, an attorney who enters an appearance for a party simultaneously with the withdrawal of appearance of prior counsel in an action shall be deemed to be available to try the case on the assigned hearing or trial date. The hearing or trial date will not be rescheduled due to the entry of appearance of new counsel of any party.
(C)Motion to Withdraw. Leave of Court, obtained through the filing Motion to Withdraw Appearance, is required if another attorney is not entering an appearance simultaneously with the withdrawal of current counsel. The Motion shall set forth with specificity the reasons the attorney seeks to withdraw. The attorney seeking to withdraw must attach to the Motion to Withdraw a certification setting forth the following:
(1) that there is not outstanding motion to compel discovery, or for sanctions for failure to provide discovery; and
(2) that the attorney has met every deadline date set forth in the pertinent Case Management Order, if applicable.

Phil. Cnty. Pa. 1012

Adopted by the Board of Judges February 17, 2000, effective 4/24/2000; amended May 20, 2004, effective 7/26/2004.

Pennsylvania Rule of Civil Procedure No. 1012 authorizes the entry, or change, of attorneys on behalf of a party provided that the change of attorneys does not delay any stage of the litigation.

Consistently with this Rule, the Board of Judges has determined that entry of new counsel in an action shall not delay the litigation. Thus, attorneys are placed on notice that by entering an appearance, they will be deemed to be ready to proceed to trial as scheduled. The mere fact of the entry of appearance shall not be sufficient cause to postpone the previously scheduled hearing or trial. Similarly, an attorney who seeks leave of court to withdraw must establish compliance with applicable deadlines and rules.