(a) Except as provided in subsection (b), (c), or (d) of this rule, an attorney desiring to
withdraw in any case must file a motion to withdraw. This motion must, in addition to the
matters required by LCrR 47.1, specify the reasons requiring withdrawal and provide the
name and address of the succeeding attorney. If the succeeding attorney is not known, the
motion must set forth the name, address, and telephone number of the client and either bear
the client’s signature approving withdrawal or state specifically why, after due diligence,
the attorney was unable to obtain the client’s signature.
(b) When an Assistant United States Attorney enters an appearance in a case, another
Assistant United States Attorney may replace the attorney by filing a notice of substitution
that identifies the attorney being replaced. Unless the presiding judge otherwise directs, the
notice effects the withdrawal of the attorney being replaced.
(c) When the Federal Public Defender is appointed to represent a party and an Assistant
Federal Public Defender enters an appearance in the case, another Assistant Federal Public
Defender may replace the attorney who has entered an appearance by filing a notice of
substitution that identifies the attorney being replaced. Unless the presiding judge
otherwise directs, the notice effects the withdrawal of the attorney being replaced.
(d) When an attorney desiring to withdraw is to be replaced simultaneously, the
succeeding attorney must file a motion to substitute counsel. If the presiding judge grants
the motion, the order effects both the substitution of the succeeding attorney and the
withdrawal of the attorney being replaced. This subsection (d) does not supersede
subsection (b) or (c) of this rule.
(e) When an attorney retained to represent a defendant moves to withdraw and requests
that substitute counsel be appointed, the attorney must file a completed Financial Affidavit
in Support of Request for Attorney, Expert, or Other Services Without Payment of Fee
(Form CJA-23). The Form CJA-23 must bear the defendant’s signature, or the attorney
must state specifically why, after due diligence, the attorney was unable to obtain the
defendant’s signature.
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Effective September 3, 2024
