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2 withdrawn upon leave of court.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 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. Upon
17 completion of the "Limited Appearance", the attorney must within ten days file a
18 "Certificate of Completion of Limited Appearance" with the court. Copies of the
19 certificate must be provided to the client and opposing counsel or opposing party if
20 unrepresented. After the filing, the attorney has no further obligation to represent
21 the client. The filing of the certificate is considered to be the attorney's withdrawal
22 of appearance and does not require court approval.
23 EXPLANATORY NOTE
24 Rule 11.2 was amended, effective March 1, 1999; March 1, 2000; March 1,
25 2006; March 1, 2009; March 1, 2015;_________________________.
26 The March 1, 1999, amendments allow notice via a commercial carrier
27 providing a traceable delivery service.
28 The March 1, 2000, amendments are stylistic.
29 Subdivision (a) was amended, effective March 1, 2015, to require the
30 attorney, when notice of withdrawal cannot be delivered, to submit an affidavit
31 regarding the efforts made to provide notice.
32 Subdivision (b) was amended, effective March 1, 2015, to require the
33 attorney to provide the court with any known party e-mail addresses or telephone
35 Subdivision (c) was added, effective March 1, 2006, to make it clear that an
36 attorney seeking to withdraw from representation in a matter that is on appeal must
37 file a motion for leave to withdraw with the supreme court clerk. The supreme
38 court clerk will refer withdrawal motions involving court appointed attorneys to
39 the trial court for decision and appointment of new counsel.
40 Subdivision (d) was added, effective March 1, 2009, to make it clear that an
41 attorney who serves a notice of limited representation to represent a party for one
42 or more matters in a case is not required to formally withdraw upon completion of
43 activity covered by the notice. Under N.D.R.Civ.P. 11(e), however, the attorney
44 must serve a notice of termination of limited representation when the attorney's
45 involvement ends. Rule 11.2 and N.D.R.Civ.P. 5 and 11 were amended to permit
46 attorneys to assist otherwise unrepresented parties on a limited basis without
47 undertaking full representation of the party.
48 Subdivision (d) was amended, effective___________________, to clarify
49 the attorney's responsibilites upon competing a limited appearance and to clarify
50 that court approval is not required when the attorney completes the limited
51 appearance and withdraws.
52 Sources: Joint Procedure Committee Minutes of
53 ______________________; September 25-26, 2014, pages 3-4; April 24-25,
54 2014, pages 26-27; January 24, 2008, pages 2-7; October 11-12, 2007, pages 20-
55 26; September 23-24, 2004, page 29; May 6-7, 1999, pages 15-16; January 29-30,
56 1998, page 22.
57 Cross Reference: N.D.R.Civ.P. 5 (Service and Filing of Pleadings and
58 Other Papers), N.D.R.Civ.P. 11 (Signing of Pleadings, Motions and Other Papers;
59 Representation to Court; Sanctions); N.D.R. Prof. Conduct 1.2 (Scope of