US · rules
D. Or. LR 83-11
Withdrawal From a Case
(a) Withdrawal - Court Approval Required
An attorney may withdraw as counsel of record only with leave of Court, except as provided in subsections (b), (c), and (d). A motion must be filed and served on the client and opposing counsel. The motion will be heard on an expedited basis.
(b) Withdrawal - When Co-Counsel Exists
A notice of withdrawal of attorney may be filed by a withdrawing attorney or by a member of the withdrawing attorney's law firm or former law firm, if a member of the withdrawing attorney's law firm or former law firm remains as counsel of record for the party.
(c) Withdrawal by Counsel Appearing Pro Hac Vice
Unless a member of the withdrawing attorney's firm or former law firm remains as counsel of record for the party, counsel appearing pro hac vice may withdraw as counsel of record only with leave of Court as provided in subsection (a). In such cases, counsel appearing pro hac vice must notify local counsel of the intent to withdraw and must ascertain whether local counsel objects to such withdrawal. The motion required by subsection (a) must be served on local counsel and must inform the Court of local counsel's position regarding the motion. If a member of the withdrawing attorney's law firm or former law firm remains as counsel of record for the party, the withdrawing attorney may instead file a notice of withdrawal as provided in subsection (b).
(d) Withdrawal – When Simultaneous With Appearance of New Counsel
When new counsel appears simultaneously with withdrawal of counsel of record, a single Notice of Substitution of Counsel may be filed, containing both the appearance of new counsel and the withdrawal of counsel of record. If the Notice of Substitution of Counsel is to be filed by the appearing counsel, it must contain a statement of consent electronically signed by the withdrawing counsel.
(e) Death, Removal, Suspension, or Inaction of Attorney
When an attorney dies, is removed or suspended, or ceases to act, the party, unless already represented by another attorney, must designate a new attorney or appear in person before further proceedings occur.
History
December 1, 2009: LR 83-11(a): Added "except as provided in subsection (b)." and deleted ", if so doing so leaves the party unrepresented or without local counsel." December 1, 2009: LR 83-11(b): Changed "the withdrawing" to "a withdrawing." Added phrase "by a member of the withdrawing attorney’s law firm or former law firm, if a member of the withdrawing attorney’s law firm or former law firm remains as . . ." Changed "co-counsel" to "counsel of record." December 1, 2009: LR 83-11(c): Added subsection (c) governing withdrawal by counsel appearing pro hac vice. March 1, 2013: LR 83-11(a) and (c): Removed the phrase "and if appearance pro hac vice, on local counsel" at end of second sentence in light of amendments clarifying procedure for withdrawal for an attorney appearing pro hac vice. An attorney appearing pro hac vice may withdrawal from a case by notice rather than motion when an attorney from the same firm remains on the case. March 1, 2014: LR 83-11(a): Changed "subsections (b) and (c)" to "subsections (b), (c), and (d)" March 1, 2014: LR 83-11(d): New provision. Subsequent provision relettered.
Provenance
- Source
- www.ord.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
27ae1eb3c1a16d8b480f60fe89abf3465d38f63c4875e8abdaa11e80d722f782
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