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2 withdrawn upon leave of court.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