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2 withdrawn upon leave of court.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 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 not apply to attorneys representing a
15 party under a notice of limited representation served under N.D.R.Civ.P. 11(e)
16 unless the attorney seeks to withdraw from the limited representation itself.
17 EXPLANATORY NOTE
18 Rule 11.2 was amended, effective March 1, 1999; March 1, 2000; March 1, 2006;
19 March 1, 2009;_________________________.
20 The March 1, 1999, amendments allow notice via a commercial carrier
21 providing a traceable delivery service.
22 The March 1, 2000, amendments are stylistic.
23 Subdivision (a) was amended, effective_______________, to require the
24 attorney, when notice of withdrawal cannot be delivered, to submit an affidavit
25 regarding the efforts made to provide notice.
26 Subdivision (c) was added, effective March 1, 2006, to make it clear that an
27 attorney seeking to withdraw from representation in a matter that is on appeal must
28 file a motion for leave to withdraw with the supreme court clerk. The supreme
29 court clerk will refer withdrawal motions involving court appointed attorneys to
30 the trial court for decision and appointment of new counsel.
31 Subdivision (d) was added, effective March 1, 2009, to make it clear that an
32 attorney who serves a notice of limited representation to represent a party for one
33 or more matters in a case is not required to formally withdraw upon completion of
34 activity covered by the notice. Under N.D.R.Civ.P. 11(e), however, the attorney
35 must serve a notice of termination of limited representation when the attorney's
36 involvement ends. Rule 11.2 and N.D.R.Civ.P. 5 and 11 were amended to permit
37 attorneys to assist otherwise unrepresented parties on a limited basis without
38 undertaking full representation of the party.
39 Sources: Joint Procedure Committee Minutes of
40 ______________________; January 24, 2008, pages 2-7; October 11-12, 2007,
41 pages 20-26; September 23-24, 2004, page 29; May 6-7, 1999, pages 15-16;
42 January 29-30, 1998, page 22.
43 Cross Reference: N.D.R.Civ.P. 5 (Service and Filing of Pleadings and
44 Other Papers), N.D.R.Civ.P. 11 (Signing of Pleadings, Motions and Other Papers;
45 Representation to Court; Sanctions); N.D.R. Prof. Conduct 1.2 (Scope of