Rule 50 - Appearance and Withdrawal of Attorneys.(a)Appearance. The attorney for a defendant in a criminal action shall forthwith file the attorney's appearance with the clerk of the Superior Court for the county wherein the action is pending.(b)Withdrawal. An attorney who has appeared on behalf of any defendant in a criminal action may not withdraw unless the attorney first obtains the consent of the court. All withdrawals shall be upon motion with notice to the defendant and the Attorney General and after hearing thereon. A motion to withdraw shall not be granted unless the attorney who seeks to withdraw shall append to the attorney's motion the last known address of the attorney's client, which shall be the official address to which notices may be sent. A motion to withdraw shall be accompanied by an affidavit setting forth facts showing the military status of the defendant. If it appears that the defendant is in the military service of the United States, as defined in the Servicemembers Civil Relief Act (50 U.S.C.A. App. § 501, et seq.), and any amendments thereto, the motion shall not be granted unless the defendant consents thereto in writing or another attorney appears of record as counsel at the time of such withdrawal.(c)Out of State Counsel. No person, who is not an attorney of the Supreme Court of the State of Rhode Island, shall be permitted to act as attorney for any party in any proceeding, hearing, or trial in the Superior Court, unless granted leave to do so by the Superior court or by the Supreme Court. Unless the Superior Court or the Supreme Court permits otherwise, any attorney who is granted leave to practice before the Superior Court shall not engage in any proceeding, hearing, or trial therein unless there is present in the courtroom for the duration of the proceeding, hearing, or trial, a member of the bar of Rhode Island who shall be prepared to continue with the proceeding, hearing, or trial in the absence of an attorney who has been so granted leave. Subject to the limitations and exceptions set forth in Article II, Rule 9 of the Supreme Court Rules for the Admission of Attorneys and Others to Practice Law, leave shall be granted by the Superior Court in its discretion upon a miscellaneous petition signed by the petitioner in a form approved by the Supreme Court, supported by certifications of the attorney seeking admission pro hac vice and of Rhode Island associate counsel, and assented to by the party being represented in a client certification. The most current forms for pro hac vice admission are located on the Judiciary's website at www.courts.ri.gov under the heading of Forms, Superior Court.
Leave to represent more than one defendant may be granted provided, however, that for each defendant there shall also be a separate Rhode Island associate trial counsel who shall be present in the courtroom for the duration of the proceeding, hearing, or trial, unless excused by the court.
Leave to represent more than one defendant shall be granted by the Superior Court, in its discretion, upon motion in the form approved by the court, signed by the movant, and assented to by the defendant being represented and by Rhode Island associate trial counsel.
R.I. Super. Ct. R. Crim. P. 50
As amended by the court on 7/1/2002; 1/8/2004; last amended by Order dated June 22, 2017, effective 9/5/2017.