US · rules
N.D.N.Y. L.R. 11.1
Appearance and Withdrawal of Attorney
(a) Appearance. An attorney appearing for a party in a civil case shall promptly file
with the Clerk a written notice of appearance; however, an attorney does not need to file a notice
of appearance if the attorney who would be filing the notice of appearance is the same individual
who has signed the complaint, notice of removal, pre-answer motion, or answer. A consent to
change attorney form must be signed by the withdrawing attorney, the substituting attorney, and
the party, subject to the approval of the Court. If the Court grants the substitution of counsel, the
withdrawing attorney must serve a copy of the order upon the affected party and file an affidavit
of service.
(b) Withdrawal. An attorney who has appeared may withdraw only upon notice to
the client and all parties to the case and an order of the Court, upon a finding of good cause,
granting leave to withdraw. If the Court grants leave to withdraw, the withdrawing attorney
must serve a copy of the order upon the affected party and file an affidavit of service.
If the client whose attorney seeks to withdraw has consented to substitution of new
counsel, the attorney who seeks to withdraw must file a consent to change attorney that bears the
withdrawing attorney’s signature, as well as the signatures of the attorney who is to be
substituted as counsel and the client who has consented to this substitution. A form Consent to
Change Attorney can be found on the Court’s website at www.nynd.uscourts.gov. Upon receipt
of this document, the Court shall review the same and determine whether to grant the
substitution. If the Court grants the substitution of counsel, the withdrawing attorney must serve
a copy of the order upon the affected party and file an affidavit of service.
Where new counsel is appearing for a party and where the firm representing the client
remains the same, a notice of appearance is all that is required to be filed and a motion or consent
to substitute counsel need not be filed. Where two attorneys from the same law firm represent a
party, and one attorney leaves the firm, only a letter is required to be filed on the docket
indicating that the attorney has left the firm and should be removed from the docket.
Unless the Court orders otherwise, withdrawal of counsel, with or without the consent of
the client, shall not result in the extension of any of the deadlines contained in any case
management orders, including the Uniform Pretrial Scheduling Order, see L.R. 16.1(e), or the
adjournment of a trial ready or trial date.
History
Amended January 1, 2024
Provenance
- Source
- www.nynd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
fe05958e3ba3ed08e300c2edc3d3686f6b5a082b1683ba6f6b379b0df95ff01d
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