OR · rules
UTCR 3.140
RESIGNATION OF ATTORNEYS
(1) An application to resign, a notice of termination, or a notice of substitution made
pursuant to ORS 9.380 must contain the court contact information under
UTCR 1.110 of the party and of the new attorney, if one is being substituted, and
the date of any scheduled trial or hearing. It must be served on that party and the
opposing party’s attorney. If no attorney has appeared for the opposing party, the
application must be served on the opposing party. A notice of withdrawal,
termination, or substitution of attorney must be promptly filed.
(2) The attorney who files the initial appearance for a party, or who personally appears
for a party at arraignment on an offense, is deemed to be that party’s attorney-of-record, unless at that time the attorney otherwise notifies the court and opposing
party(ies) in open court or complies with subsection (1).
(3) When an attorney is employed or appointed to appear in an already pending case,
the attorney must immediately notify the court and the opposing party in writing or
in open court. That attorney shall be deemed to be the attorney-of-record unless
that attorney otherwise notifies the court.
History
1987 Commentary: In subsection (3), a change of attorneys in a pending case requires notification to the opposing party and to the court. This rule makes no changes to ORCP procedures for taking a default judgment. It only addresses who will be considered the attorney of record in a case. 1991 Commentary: UTCR 3.140 is intended neither to establish new standards of professional responsibility nor to provide a method of discharging existing standards of professional responsibility. See Oregon Rule of Professional Conduct (ORPC) 1.16.
Provenance
- Source
- courts.oregon.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
7f0d6074d1ec6bf4daa93744ec1a28c16ec6562c4941d3ca784b723edf6c5122
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