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2 withdrawn upon leave of court.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.
17 (e) Filing Required. This rule does not apply to attorneys representing
18 parties in civil actions that have not been filed with the court.
19 EXPLANATORY NOTE
20 Rule 11.2 was amended, effective March 1, 1999; March 1, 2000; March 1,
21 2006; March 1, 2009; March 1, 2015;________________.
22 The March 1, 1999, amendments allow notice via a commercial carrier
23 providing a traceable delivery service.
24 The March 1, 2000, amendments are stylistic.
25 Subdivision (a) was amended, effective March 1, 2015, to require the
26 attorney, when notice of withdrawal cannot be delivered, to submit an affidavit
27 regarding the efforts made to provide notice.
28 Subdivision (b) was amended, effective March 1, 2015, to require the
29 attorney to provide the court with any known party e-mail addresses or telephone
31 Subdivision (c) was added, effective March 1, 2006, to make it clear that an
32 attorney seeking to withdraw from representation in a matter that is on appeal must
33 file a motion for leave to withdraw with the supreme court clerk. The supreme
34 court clerk will refer withdrawal motions involving court appointed attorneys to
35 the trial court for decision and appointment of new counsel.
36 Subdivision (d) was added, effective March 1, 2009, to make it clear that an
37 attorney who serves a notice of limited representation to represent a party for one
38 or more matters in a case is not required to formally withdraw upon completion of
39 activity covered by the notice. Under N.D.R.Civ.P. 11(e), however, the attorney
40 must serve a notice of termination of limited representation when the attorney's
41 involvement ends. Rule 11.2 and N.D.R.Civ.P. 5 and 11 were amended to permit
42 attorneys to assist otherwise unrepresented parties on a limited basis without
43 undertaking full representation of the party.
44 Subdivision (e) was added, effective______________, to clarify that an
45 attorney is not required to seek leave to withdraw under this rule if the action has
46 not been filed.
47 SOURCES: Joint Procedure Committee Minutes of
48 ________________________; September 25-26, 2014, pages 3-4; April 24-25,
49 2014, pages 26-27; January 24, 2008, pages 2-7; October 11-12, 2007, pages
50 20-26; September 23-24, 2004, page 29; May 6-7, 1999, pages 15-16; January
51 29-30, 1998, page 22.
52 Cross Reference: N.D.R.Civ.P. 5 (Service and Filing of Pleadings and
53 Other Papers), N.D.R.Civ.P. 11 (Signing of Pleadings, Motions and Other Papers;
54 Representation to Court; Sanctions); N.D.R. Prof. Conduct 1.2 (Scope of