TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: March 6, 2014
RE: Rule 11.2, N.D.R.Ct., Withdrawal of Attorneys
At the September 2013 meeting, the committee discussed new explanatory note language for N.D.R.Civ.P. 5 cross-referencing Rule 11.2's notice requirements for attorneys seeking to withdraw from representation. During the course of the discussion, committee members pointed out the fact that it is often impossible to give notice of withdrawal in cases where the reason for withdrawal is the client's disappearance. The discussion is at page 28 of the attached minutes. Members suggested that the committee consider an amendment to Rule 11.2 that would address cases where notice could not be delivered to the client.
Staff has prepared proposed amendments to Rule 11.2 that would allow attorneys to submit an affidavit detailing efforts to provide notice of withdrawal to the client in cases when notice is undeliverable. The amendment language is based on language from N.D.R.Civ.P. 65 on injunctions.
The proposed amendments are attached.