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2 withdrawn upon leave of court.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
appearance served under
16 N.D.R.Civ.P. 11(e) unless the attorney seeks to withdraw from the limited
representation itself appearance prior to its completion.
Upon completion of the
18 limited appearance, the attorney must within 14 days file a "Certificate of
19 Completion of Limited Appearance" with the court. Copies of the certificate must
20 be provided to the client and opposing counsel or opposing party if unrepresented.
21 After the filing, the attorney has no further obligation to represent the client. The
22 filing of the certificate is considered to be the attorney's withdrawal of appearance
23 and does not require court approval.
24 EXPLANATORY NOTE
25 Rule 11.2 was amended, effective March 1, 1999; March 1, 2000; March 1,
26 2006; March 1, 2009; March 1, 2015;_________________________.
27 The March 1, 1999, amendments allow notice via a commercial carrier
28 providing a traceable delivery service.
29 The March 1, 2000, amendments are stylistic.
30 Subdivision (a) was amended, effective March 1, 2015, to require the
31 attorney, when notice of withdrawal cannot be delivered, to submit an affidavit
32 regarding the efforts made to provide notice.
33 Subdivision (b) was amended, effective March 1, 2015, to require the
34 attorney to provide the court with any known party e-mail addresses or telephone
36 Subdivision (c) was added, effective March 1, 2006, to make it clear that an
37 attorney seeking to withdraw from representation in a matter that is on appeal must
38 file a motion for leave to withdraw with the supreme court clerk. The supreme
39 court clerk will refer withdrawal motions involving court appointed attorneys to
40 the trial court for decision and appointment of new counsel.
41 Subdivision (d) was added, effective March 1, 2009, to make it clear that an
42 attorney who serves a notice of limited representation to represent a party for one
43 or more matters in a case is not required to formally withdraw upon completion of
44 activity covered by the notice. Under N.D.R.Civ.P. 11(e), however, the attorney
45 must serve a notice of termination of limited representation when the attorney's
46 involvement ends. Rule 11.2 and N.D.R.Civ.P. 5 and 11 were amended to permit
47 attorneys to assist otherwise unrepresented parties on a limited basis without
48 undertaking full representation of the party.
49 Subdivision (d) was amended, effective___________________, to clarify
50 the attorney's responsibilities upon competing a limited appearance and to clarify
51 that court approval is not required when the attorney completes the limited
52 appearance and withdraws.
53 SOURCES: Joint Procedure Committee Minutes of ________________;
54 April 23-24, 2015, pages 16-25; January 29-30, 2015, page 22; September 25-26,
55 2014, pages 3-4; April 24-25, 2014, pages 26-27; January 24, 2008, pages 2-7;
56 October 11-12, 2007, pages 20-26; September 23-24, 2004, page 29; May 6-7,
57 1999, pages 15-16; January 29-30, 1998, page 22.
58 Cross Reference: N.D.R.Civ.P. 5 (Service and Filing of Pleadings and
59 Other Papers), N.D.R.Civ.P. 11 (Signing of Pleadings, Motions and Other Papers;
60 Representation to Court; Sanctions); N.D.R. Prof. Conduct 1.2 (Scope of