JCRH 30

(a) When a party has appeared by counsel, that individual cannot thereafter appear on his or her own behalf in the case without the consent of the court. Counsel who has appeared for any party shall represent that party in the case and shall be recognized by the court and by all parties as having control of the client’s case, until counsel properly withdraws upon written motion granted pursuant to paragraph (b) of this rule, another attorney is substituted, or counsel is discharged by the client in writing, filed with the filing office, in accordance with Supreme Court Rule (SCR) 46 and this rule. The court in its discretion may hear a party in open court although the party is represented by counsel.

(b) Counsel in any case may be withdrawn or changed:

(1) When a new attorney is to be substituted in place of the attorney withdrawing, by the written consent of both attorneys and the client, all of which shall be filed with the court and served upon all parties or their attorneys who have appeared in the action; or

(2) By order of the court, upon motion and notice as provided in these rules, when no attorney has been retained to replace the attorney withdrawing.

(A) If such motion is made by the attorney, counsel shall include in an affidavit or unsworn declaration the telephone number and address, or 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, along with an itemized list of upcoming deadlines and court hearing dates, and counsel shall serve a copy of such motion and supporting papers upon the client and all other parties to the action or their attorneys; or

(B) If such motion is made by the client, the client shall state therein the address at which the client may be served with notice of all further proceedings in the case in the event the application is granted, along with his or her telephone number, and shall serve a copy of the application upon the attorney and all other parties to the action or their attorneys.

(c) Any order permitting withdrawal of an attorney submitted to the court for signature shall contain the telephone number and address at which the party is to be served with notice of all further proceedings.

(d) Except for good cause shown, no application for withdrawal or substitution shall be granted if a delay of the trial or of the hearing of any other matter in the case would result. Discharge of an attorney may not be grounds to delay a trial or other hearing.

(e) When an attorney or law firm intends to withdraw or substitute in place of another attorney or law firm, and the proposed withdrawal or substitution will affect multiple cases, the withdrawal or substitution can be requested as follows:

(1) One motion to withdraw or substitute can be filed for review by the chief judge or a designee of the chief judge.

(2) That motion must include an exhibit that sets forth:

(A) The names of the parties; and

(B) The case numbers for the affected cases.

(3) The chief judge or a designee of the chief judge may grant the withdrawal or substitution that will apply in the affected cases. If the withdrawal or substitution is granted, a copy of the order must be placed in the record of the affected cases.