RULE 11.2. WITHDRAWAL OF ATTORNEYS
1 (a) Notice of Withdrawal. An attorney's appearance for a party may only be
2 withdrawn upon leave of court. Reasonable notice of the motion for leave to
3 withdraw must be given by personal service, by registered or certified mail, or via
4 a third-party commercial carrier providing a traceable delivery, directed to the
5 party at the party's last known business or residence address. If the notice is
6 undeliverable, the attorney must submit an affidavit to the court reciting the efforts
7 made to give notice.
8 (b) Motion to Withdraw. The motion for leave to withdraw must be in
9 writing and, unless another attorney is substituted, must state the last known
10 address, e-mail addresses and telephone numbers of the party represented.
11 (c) Withdrawal on Appeal. If a notice of appeal is filed in a matter, any
12 attorney seeking leave to withdraw must file the motion with the supreme court
14 (d) Limited Appearance.
This rule does Rule 11.2 (a), (b),
and (c) do not
15 apply to attorneys representing a party under a notice of limited
16 appearance served under N.D.R.Civ.P. 11(e) unless the attorney seeks to withdraw
17 from the limited
representation itself appearance prior to its
18 completion of the limited appearance, the attorney must within 14 days file a
19 "Certificate of Completion of Limited Appearance" with the court. Copies of the
20 certificate must be provided to the client and served upon opposing counsel or
21 opposing party if unrepresented. After the filing, the attorney has no further
22 obligation to represent the client. The filing of the certificate is considered to be
23 the attorney's withdrawal of appearance and does not require court approval.
24 EXPLANATORY NOTE
25 Rule 11.2 was amended, effective March 1, 1999; March 1, 2000; March 1,
26 2006; March 1, 2009; March 1, 2015;_________________________.
27 The March 1, 1999, amendments allow notice via a commercial carrier
28 providing a traceable delivery service.
29 The March 1, 2000, amendments are stylistic.
30 Subdivision (a) was amended, effective March 1, 2015, to require the
31 attorney, when notice of withdrawal cannot be delivered, to submit an affidavit
32 regarding the efforts made to provide notice.
33 Subdivision (b) was amended, effective March 1, 2015, to require the
34 attorney to provide the court with any known party e-mail addresses or telephone
36 Subdivision (c) was added, effective March 1, 2006, to make it clear that an
37 attorney seeking to withdraw from representation in a matter that is on appeal must
38 file a motion for leave to withdraw with the supreme court clerk. The supreme
39 court clerk will refer withdrawal motions involving court appointed attorneys to
40 the trial court for decision and appointment of new counsel.
41 Subdivision (d) was added, effective March 1, 2009, to make it clear that an
42 attorney who serves a notice of limited representation to represent a party for one
43 or more matters in a case is not required to formally withdraw upon completion of
44 activity covered by the notice. Under N.D.R.Civ.P. 11(e), however, the attorney
45 must serve a notice of termination of limited representation when the attorney's
46 involvement ends. Rule 11.2 and N.D.R.Civ.P. 5 and 11 were amended to permit
47 attorneys to assist otherwise unrepresented parties on a limited basis without
48 undertaking full representation of the party.
49 Subdivision (d) was amended, effective___________________, to clarify
50 the attorney's responsibilities upon completing a limited appearance and to clarify
51 that court approval is not required when the attorney completes the limited
52 appearance and withdraws.
53 SOURCES: Joint Procedure Committee Minutes of September 24-25, 2015,
54 pages 11-12; April 23-24, 2015, pages 16-25; January 29-30, 2015, page 22;
55 September 25-26, 2014, pages 3-4; April 24-25, 2014, pages 26-27; January 24,
56 2008, pages 2-7; October 11-12, 2007, pages 20-26; September 23-24, 2004, page
57 29; May 6-7, 1999, pages 15-16; January 29-30, 1998, page 22.
58 Cross Reference: N.D.R.Civ.P. 5 (Service and Filing of Pleadings and
59 Other Papers), N.D.R.Civ.P. 11 (Signing of Pleadings, Motions and Other Papers;
60 Representation to Court; Sanctions); N.D.R. Prof. Conduct 1.2 (Scope of