may withdraw his or her representation or be relieved as counsel except with leave of court on
motion filed pursuant to this rule.
(A) If the withdrawal will not leave the party unrepresented, the motion shall
state whether it is with the consent of (1) the party and (2) those attorney(s)
who will remain as counsel for the party. If the required consents have not
been obtained, moving counsel shall show good cause why the relief should
be granted and shall give notice to the party as required under subpart
(B)(3). If new counsel are to be substituted, they must enter an appearance
before the motion to withdraw will be granted.
(B) If the withdrawal will leave the party unrepresented, the motion shall:
(1) Include the mailing address and telephone number for the party.
(2) If the party is a corporation, partnership, association, other legal entity,
or any person proceeding in a representative capacity, state that the
party has been informed that (a) it may not proceed without counsel,
(b) its counsel must be admitted in this district, and (c) it may be held
in default or have its claims dismissed if it fails to obtain replacement
counsel within a reasonable time.
(3) Be filed along with either a consent to withdrawal signed by the party
or a certification that the party has been provided a copy of the motion
and an explanation of the party's right to object to withdrawal. The
explanation shall inform the party of the date the motion was filed and
state that any response must be received by the court within seventeen
(17) days of the filing date. If the party is a natural person, the
explanation shall advise that the response may be in the form of a
letter signed by the party. If the party is a corporation, partnership,
association, other legal entity, or any person proceeding in a
representative capacity, the explanation shall advise that the response
must be filed by counsel.
(C) If the withdrawing attorney was movant for an attorney admitted pro hac
vice, another attorney must file a certification that he or she accepts the
duties of local counsel.
(D) In the event an attorney dies or becomes incapacitated, any attorney
involved in the action who is aware of the death or incapacitation should
inform the court.
