N.D.R.Ct.
RULE 11.2. WITHDRAWAL OF ATTORNEYS
(a) Notice of Withdrawal. An attorney's appearance for a party may only be withdrawn upon leave of court. Reasonable Unless a party has given the attorney permission to withdraw on the record or in writing, reasonable notice of the motion for leave to withdraw must be given by personal service, by registered or certified mail, or via a third-party commercial carrier providing a traceable delivery, directed to the party at the party's last known business or residence address.
(b) Motion to Withdraw. The motion for leave to withdraw must be in writing and, unless another attorney is substituted, must state the last known address of the party represented.
(c) Withdrawal on Appeal. If a notice of appeal is filed in a matter, any attorney seeking leave to withdraw must file the motion with the supreme court clerk.
EXPLANATORY NOTE
Rule 11.2 was amended, effective March 1, 1999; March 1, 2000; ____________.
The March 1, 1999, amendments allow notice via a commercial carrier providing a traceable delivery service.
The March 1, 2000, amendments are stylistic.
Subdivision (a) was amended, effective _____________, to allow attorneys seeking to withdraw from a matter to forego giving notice to the party when the party has already given permission for the attorney to withdraw.
Language Subdivision (c) was added, effective _________________, to make it clear that an attorney seeking to withdraw from representation in a matter that is on appeal must file a motion for leave to withdraw with the supreme court clerk.
SOURCES: Joint Procedure Committee Minutes of September 23-24, 2004, page 29; May 6-7, 1999, pages 15-16; January 29-30, 1998, page 22.