10JDCR 1.8

(a) Appearance. When an attorney has filed a pleading or paper in the court for a party or otherwise appeared in the court representing the party, that attorney is the party’s attorney of record until the attorney is released by order of the court upon motion or the attorney withdraws or is changed under Nevada Supreme Court Rules 46-48 and this rule.

(b) Consent or application. A consent to withdrawal of counsel or an application to substitute the party in the place of the attorney of record, and the proposed order substituting the party in the place of the attorney of record, must include the party’s current or last known physical and mailing address, telephone and cellular number, and email address.

(c) Represented party must act only through attorney. A party who has an attorney of record may act only through its attorney. A party who has an attorney of record cannot file a pleading or paper without the attorney’s signature, except to notify the court that the party will, from the date the notice is filed and served, represent itself and proceed without an attorney. The court may in its discretion hear a party in open court even though the party is represented by an attorney.

(d) Substitution. Substitution of attorneys by stipulation requires leave of the court and the stipulation must be signed by the attorneys and the represented party. The parties must submit to the court a proposed order for the substitution. An attorney substituting into a case accepts all dates and deadlines then in effect under any statute, rule, or order.

(e) Withdrawal of counsel while case is pending. While a case is pending, any withdrawal of an attorney of record requires leave of the court. The attorney that wants to withdraw must file an affidavit that includes the last known address at which the client may be served with notice of further proceedings taken in the case in the event the application for withdrawal is granted, together with all other known addresses and phone numbers where the client might be contacted. The withdrawing attorney must also submit to the court a proposed order signed by all parties, including the client of the withdrawing attorney, allowing said withdrawal; unless the attorney presents “extraordinary” circumstances via affidavit indicating this is implausible, the court will not grant withdrawal.

(f) Withdrawal of counsel after completion of case. After judgment or final determination, an attorney may withdraw as attorney of record at any time upon the attorney’s filing a withdrawal, with or without the client’s consent and without a court order. But an attorney representing a defendant in a criminal case may withdraw only after time for appeal has passed. An attorney seeking withdrawal must file a Notice of Withdrawal and serve it upon all parties or their attorneys who have appeared in the action. The attorney must include in the Notice of Withdrawal the last known address at which the client may be served with notice of further proceedings taken in the case. Failure to include the information required by this paragraph nullifies ab initio the Notice of Withdrawal and the attorney will remain the attorney of record.

(g) Discharge of counsel by client. Discharge of an attorney of record by the client requires leave of the court. The client or attorney must file a motion and affidavit to have the dismissal approved by the court. The motion must be served upon all parties. The client must include in the affidavit the address at which the client may be served with notice of further proceedings taken in the case in the event the application for dismissal is granted, together with all other addresses and phone numbers where the client might be contacted.

(h) Change of attorney not sufficient for delaying deadlines. Discharge, withdrawal, substitution, or retaining an attorney will not alone be reason for delay of any deadline, hearing, or trial.

(i) Good cause required if change of attorney causes delay. Except for good cause shown, no withdrawal or substitution will be approved if delay of discovery or any hearing, trial, or any other matter would result. The failure of the client to compensate counsel does not constitute good cause. Where delay would result, the papers seeking leave of court for the withdrawal or substitution must include a request for specific relief from discovery deadlines, the hearing, trial, or any other matter.

(j) Ex parte stipulation to change of attorney. A stipulation and order permitting substitution or withdrawal of counsel may be submitted ex parte if:

(1) The substitution or withdrawal is signed by the client, the withdrawing counsel, and, in the event of a substitution of counsel, by the substituting counsel;

(2) The attorney substituting in acknowledges responsibility for all pending dates and deadlines; and

(3) If the substitution is of the party in place of its attorney who will no longer be representing the party, the stipulation includes the party’s physical and mailing address, telephone and mobile number, and email address.