D. Utah DUCivR 83-1.4

Substitution.

An attorney admitted to practice under DUCivR 83-1.1 may replace an attorney in

a pending case without leave of court by filing a Notice of Substitution. The

notice must:

(1) verify that the attorney entering the case is aware of and will comply with

all pending deadlines;

(2) identify the party who the attorney is representing;

(3) be signed by the newly appearing attorney; and

(4) be served on all parties.

Withdrawal.

(1) Leave of Court Not Required. An attorney may withdraw without leave of

court if the party continues to be represented by another attorney who

has entered an appearance. To withdraw, the attorney must file a Notice

of Withdrawal of Counsel that states:

(A) the party continues to be represented by an attorney who has

appeared under DUCivR 83-1.3; and

(B) the continuing attorney is aware of and will comply with all pending

deadlines, hearings, and trial dates.

(2) Leave of Court Required. Except as allowed in section 83-1.4(b)(1), an

attorney may not withdraw in a pending action without leave of the court.

The attorney seeking to withdraw must file a motion under

DUCivR 7-1(a)(4)(D) that includes:

(A) the reason for withdrawal or a statement that disclosing the reason

for withdrawal would violate the rules of professional conduct;

(B) the party’s last-known contact information including mailing

address, email address, and telephone number or an explanation

why the information is unavailable;

(C) a statement of whether the party does or does not consent to the

withdrawal;

(D) the status of the case including any pending motions, the dates and

times of any scheduled hearings, and requirements under any

existing court orders or rules;

(E) a certification signed by the party indicating they are eligible to

proceed with the trial as scheduled without an attorney, if a trial

date has been scheduled and an attorney is unavailable to appear;

(F) a certification that the motion was filed and served on all parties or,

if applicable, an explanation why a party cannot be notified about

the motion; and

(G) a proposed order for the court, available on the website, attached

as an exhibit, that notifies the party who will be without an

attorney:

(i) that within 21 days, they must retain an attorney or proceed

without an attorney and file a Notice of Appearance;

(ii) that if the party is a corporation, association, partnership, or

other artificial entity, it must be represented by an attorney

who is admitted under DUCivR 83-1.1 and that attorney must

file a Notice of Appearance; and

(iii) that a party who fails to retain an attorney or file a Notice of

Appearance may be subject to sanctions including entry of a

default judgment or an order of dismissal.

(3) Withdrawal of Limited Appearance.

(A) An attorney who has entered a limited appearance under DUCivR

83-1.3 must file a Notice of Withdrawal after the purpose of the

limited appearance has been fulfilled.

(B) An attorney seeking to withdraw before the conclusion of the

purpose of the limited appearance must proceed under section

83-1.4(b)(2).

(C) Failure to file a Notice of Withdrawal will constitute the attorney’s

consent to continue appearing on the party’s behalf as if a general

appearance had been filed.

Procedure After Entry of an Order of Withdrawal.

(1) Stay. The action is stayed for 21 days after the court grants the motion for

withdrawal, unless the court permits the unrepresented party to waive the

time requirement or the court orders otherwise.

(2) Appearance. Within 21 days after the court grants the motion or within

the time the court has ordered:

(A) an attorney must file an appearance on behalf of an individual

whose attorney has withdrawn or, if the individual intends to

proceed without an attorney, the individual must file a Notice of

Appearance; and

(B) an attorney must file an appearance on behalf of any corporation,

association, partnership, or other artificial entity whose attorney

has withdrawn.

(3) Scheduling Conference. After expiration of the stay or as the court has

ordered, a party may request a scheduling conference or submit a

proposed amended scheduling order.

Sanction.

An unrepresented party who fails to appear within 21 days after entry of the

order, or within the time the court requires, may be sanctioned under Fed. R. Civ.

P. 16(f)(1), including entry of a default judgment or an order of dismissal.