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Rule 53.Appearance and withdrawal of counsel.

(a)Appearance. An attorney shall appear in proceedings by filing a written noticeof appearance with the court or by appearing personally at a court hearing andadvising the court that the attorney is representing a party. Once an attorneyhas entered an appearance in a proceeding, the attorney shall receive copies ofall notices served on the parties.

(b)Withdrawal.

(b)(1)Retained Counsel. Consistent with the Rules of Professional Conduct, a retainedattorney may withdraw as counsel of record unless: 1) withdrawal will result ina delay of trial; or 2) a final appealable order has been entered and the timeperiod for a notice of appeal or post-judgment motion on such order has notexpired. In such circumstances, a retained attorney may not withdraw exceptupon motion and order of the court. Retained counsel shall file a notice ofwithdrawal including the address of the counsel?s client.

(b)(2)Court-appointed counsel. Court-appointed counsel may not withdraw as counsel ofrecord except upon motion and order of the court. If the court grants appointedcounsel's motion to withdraw, the court shall consider the appointment of newcounsel.

(c)Motions to Withdraw.

(c)(1)A motion to withdraw shall be made either in writing or orally before the courtat a hearing.? The motion shall includethe following:

(c)(1)(i) A certification from counsel that the represented partyhas been informed of the motion to withdraw and their right to counsel; and

(c)(1)(ii)A certification from counsel that the represented party has been informed oftheir rights to appeal, and the availability of post judgment motions andmotion to stay pending appeal; or

(c)(1)(iii)The efforts counsel has made to inform the represented party of subsections(c)(1)(i) and (c)(1)(ii).

(c)(2)Whenever possible, the court shall inquire of the represented party?s knowledgeand understanding of the motion to withdraw, right to counsel, right to appeal,availability of post judgment motions and motion to stay pending appeal.

 

?((c)(3) A guardian adlitem may not withdraw except upon order of the court.

(d) Partiesmust submit a notice of substitution of counsel at least seven days prior tothe next scheduled hearing date unless otherwise allowed by the court.

Effective November 1, 2018