Ind. Allen Cnty. Civ. Local Rule LR02-TR3.1-04

A. Procedure for Withdrawal. A motion to withdraw an appearance shall be in

writing, and shall be granted only by leave of Court. Permission to withdraw shall

be given only after the withdrawing attorney has given the client at least ten (10)

days written notice of the intention to withdraw, and has filed a copy of that

Notice of Intention to Withdraw with the motion to withdraw; or upon a

simultaneous or prior entering of appearance by other counsel for the client. If

no other counsel has appeared for the client, the motion to withdraw shall contain

withdrawing counsel’s certification of the last known address, telephone number,

and email address of the party, subject to the confidentiality provisions of T.R.

3.1(A)(8) and (D). After the case has been scheduled for trial, a hearing shall be

set on the motion to withdraw. After the case has been scheduled for trial, the

Court will not grant a request for withdrawal of appearance unless good cause is

shown. A sample Motion to Withdraw Appearance is included in these Local

Rules at Appendix B(1). The motion must be substantially similar to Appendix B.

B. Contents of Notice. The Notice of Intention to Withdraw shall include an

explanation to the client as follows:

(1) the present status of the case, excluding confidential / privilegedinformation;

(2) the dates of all scheduled hearings and other pending matters;

(3) advise that the provisions in A.C.L.Civ.R. 3. 1-03 (B) and (C) (regarding party

appearing without an attorney) and T.R. 3.1 (E) (regarding address changes)

apply to the client after withdrawal of counsel;

(4) the expectation of the Indiana common law that, as an unrepresented party,

the client will be held to the same standard of conduct as an attorney licensed

to practice in the State of Indiana;

(5) that prejudice might result from failure of the client to act promptly or to

secure new counsel; and

(6) pursuant to Indiana law, all business entities must be represented by an

attorney in civil cases.

A sample Notice of Intention to Withdraw (Client Letter) is included in these Local

Rules at Appendix B(2).

Adopted as Superior Civil Rule 4, September 8, 2000, effective November 1, 2000.

Amended and effective October 1, 2003; renumbered as Superior and Circuit Civil Rule

3.1-2, and amended effective December 7, 2006. Amended and renumbered as

Superior and Circuit Civil Rule TR3.1-04 effective January 1, 2015. Amended in 2018,

effective December 1, 2018. Amended 2019, effective October 31, 2019.