(a) Substitution of Counsel. When a party changes attorneys, a notice of
substitution signed by the incoming and the outgoing attorney must be filed by the
incoming attorney. The incoming attorney is responsible for ensuring that he or she
is added to the case for the correct party or parties and is properly designated to
receive notices of electronic filing. When the incoming attorney makes an
appearance, the clerk must terminate electronic service on the outgoing attorney.
Substitution of counsel automatically revokes any consent to e-mail service under
Fed. R. Civ. P. 5(b)(E)-(F) or Fed. R. Crim. P. 49(b).
(b) Withdrawal of Counsel.
(1) When an attorney’s withdrawal will leave any party without counsel
for any period of time, the attorney may withdraw only by leave of
court.
(2) A motion for leave to withdraw must state the client’s last known
mailing address and must be accompanied by either:
(A) the client’s written consent to counsel’s withdrawal, signed by
the attorney and the client and acknowledging the client’s
obligation immediately to retain new counsel or appear pro se;
or
(B) an affidavit of counsel showing that:
(i) a notice of intent to file a motion to withdraw was
personally served on the client at least 14 days prior to
filing the motion to withdraw;
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D.Mont L.R. 83.3 Substitution and Withdrawal of Counsel
(ii) the client has been advised of its obligation immediately
to retain new counsel or appear pro se if the motion to
withdraw is granted; and
(iii) facts constituting good cause support withdrawal. A
showing of good cause may be made by filing an ex parte
affidavit separate from the affidavit addressing
subsections (i) and (ii) above. An ex parte affidavit must
be served on the client but need not be served on any
other party.
