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E.D. Tenn. L.R. 83.4

Appearance and Withdrawal of Counsel

activein force · 2026-04-08 – presentact-effective-date

(a) Representation. No attorney shall become an attorney of record in any case or

proceeding in this Court unless personally retained by the litigant or client, or associated

by counsel personally retained by the litigant or client.

(b) Filing of Pleadings; Effect. The filing of any pleading shall, unless otherwise

specified, constitute an appearance by the person who signed the pleading. Any such

appearance shall include a current address, telephone number and Board of Professional

Responsibility number. Counsel may file a formal notice of appearance, but it shall not be

necessary to do so.

(c) Representation Pro Se after Appearance by Counsel. Whenever a party has

appeared by attorney, that party may not thereafter appear or act in his or her own behalf

in the action or proceeding, unless an order of substitution shall first have been made by

the Court, after notice by the party to the attorney and to the opposing party. However, the

Court may, in its discretion, hear a party in open court, notwithstanding the fact that the party

is represented by an attorney.

(d) Substitution of Counsel. When an attorney dies, or is removed or suspended, or ceases to

act as attorney in any action or proceeding, the party for whom the attorney was acting must, before

any further proceedings are had in the action on his or her behalf, obtain the services of another

attorney or appear in person, unless excepted by subsection (f) of this rule.

(e) No Withdrawal Without Leave of Court. Except as provided in subsection (f), no

attorney shall withdraw from representation in any pending action or proceeding, either civil or

criminal, except by leave of the Court as prescribed in subsection (g) of this rule.

(f) Withdrawal Upon Notice to the Court. Where a party is represented by multiple counsel

of record, an attorney may withdraw, provided the party is still being represented by another

attorney of record, upon the filing of a notice of withdrawal.

(g) Withdrawal as Attorney of Record. An attorney who seeks to have his or her name

removed as counsel of record shall file a motion so requesting. The Court may refuse to allow an

attorney to withdraw if doing such will delay the trial or for other good reason. If the client is a

corporation or other artificial person or legal entity created by statute that may only appear in court

through counsel, the Court, absent extraordinary circumstances, shall not allow the attorney to

withdraw until the client has obtained substitute counsel.

To withdraw from a case, an attorney must do the following:

(1) File a motion with the Court requesting permission to withdraw as counsel of

record;

(2) Include in the motion the current mailing address and telephone number of the

client;

(3) Unless the motion is signed by both the attorney and the client or a consent to the

withdrawal signed by the client is attached to the motion, provide a copy of the

motion to the client at least 14 days prior to the date the motion is filed;

(4) If a hearing date on the motion is set, certify in writing to the Court that the client

was served at least 7 days before the hearing with notice (i) of the date, time and

place of the hearing and (ii) that the client has a right to appear and be heard on

the motion; and

(5) Certify to the Court that the above requirements have been met.

Provenance

Source
www.tned.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
ab06e138479ea0f10f631b4c2b9ba0d3ce5ddb238a47d81cc0b8859ff7578e60
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E.D. Tenn. L.R. 83.4 — Appearance and Withdrawal of C… · binding.law