W.D.N.Y. Loc. R. Civ. P. 83.2

Except as provided by Loc. R. Civ. P. 83.1 and this Rule, only Members in good standing

of the bar of this Court may appear as attorneys of record.

(a) Appearance by Attorneys from Outside this District.

(1) An attorney who is not a Member of the bar of this Court may appear in an action

only if they apply to become pro hac vice counsel pursuant to Loc. R. Civ. P. 83.1.

Pro hac vice attorneys who do not maintain an office in this District must obtain

local counsel. “Local counsel” under these Local Rules is defined as a Member of

the bar of this Court who maintains an office in this District, with whom the Court

and opposing counsel may readily meet and communicate regarding the conduct

of this case. A pro hac vice attorney who wishes to be relieved of the local counsel

requirement must make a motion for waiver within thirty (30) days of their initial

filing. Waiver may be granted in the Court’s discretion.

(2) Attorneys appearing on behalf of the United States or a department or agency

thereof, and Members of the bar of this Court in good standing but not maintaining

an office in the District, may appear without local counsel unless otherwise

directed by the Court.

(3) An attorney who is not a Member of the bar of this Court may sign pleadings in

accordance with Fed. R. Civ. P. 11 and 26(g).

(b) Notice of Appearance. No notice of appearance is required of an attorney whose name

and address appear at the end of a complaint, notice of removal, pre-answer motion, or

answer. In all other circumstances, an attorney appearing for a party in a civil case shall

promptly file a notice of appearance.

(c) Attorney Withdrawal/Substitution. An attorney who has appeared as counsel of record

in a civil matter may withdraw or be substituted by successor counsel in accordance with

the following procedure:

(1) By Stipulation with Notice of Appearance by Successor Counsel. An attorney

may withdraw or be substituted by successor counsel by stipulation endorsed by

the client, all counsel of record, and any unrepresented parties in the case,

provided:

(A) A notice of appearance of successor counsel either has been or is

contemporaneously filed with the notice of withdrawal;

(B) No evidentiary hearing or trial date has been scheduled in the case; and

(C) The withdrawing and successor attorneys certify to the satisfaction of these

conditions, and that the withdrawal/substitution of new counsel will not

require an amendment of the Scheduling Order.

(2) Alternative: By Notice – Same Firm.

(A) If the new attorney of record is associated with the same law firm as the

former attorney of record, counsel may, in lieu of a Stipulation of

Withdrawal/Substitution, submit a notice of appearance affirming that the

client has knowledge of and is in agreement with the change.

(B) The United States Attorney, Assistant United States Attorneys, and Special

Assistant United States Attorneys may be substituted by making an entry

on the docket.

(3) Alternative: By Notice – Same Firm – Two or More Attorneys – Attorney

Departing Firm. If two or more attorneys presently or formerly affiliated with the

same law firm are counsel of record for a party, and one of those attorneys is no

longer affiliated with the law firm that represents the party, an attorney who

remains affiliated with the law firm that represents the party may file a Notice of

Withdrawal of Attorney affirming:

(A) that the formerly affiliated attorney is no longer affiliated with the law firm

that represents the party;

(B) that the formerly affiliated attorney should be removed from the docket as

counsel of record for the party; and

(C) that the attorney who remains affiliated with the law firm that represents

the party remains counsel of record for that party.

(4) By Motion. In all other instances, an attorney who seeks to withdraw or be

substituted as successor counsel shall file a motion, which must be served upon the

client and all other counsel of record. If privileged or otherwise confidential

information is reasonably necessary to support the application, such information

may be submitted in camera to the Court, with a copy to the client only. If the

Court takes no action on an unopposed motion for withdrawal or substitution with

thirty (30) days of its filing, the motion will be deemed granted.

(d) Attorney Changing Firms. An attorney who changes law firms after appearing in a

matter, and who will continue to represent a party, shall update PACER with the correct

address, email address, and telephone number. If the attorney changing firms will not

continue to represent a party, and no other attorney from that law firm remains as counsel

of record for that party, the withdrawal/substitution of counsel procedure outlined in

subsection (c) shall be followed.