herein, the form of the motion shall comply with Sections 66-2 and 66-3. The brief or memoran- dum of law accompanying the motion shall comply with Section 23-41 (b) or 43-35 in form and sub- stance. The transcript of the relevant proceedings shall be filed concurrently with the motion to withdraw. (2) The motion and supporting brief or memo- randum of law shall be delivered to the petitioner or defendant. Counsel shall deliver a notice that a motion for leave to withdraw as appointed counsel has been filed, but shall not deliver a copy of the motion and supporting brief or memorandum of law to opposing counsel of record. The motion shall contain a certification that such notice has been delivered to opposing counsel of record and that a copy of the motion and supporting brief or memorandum of law has been delivered to the petitioner or defendant. (3) The motion, brief or memorandum of law, and transcript shall be referred to the trial court for decision. If the trial court grants the motion to withdraw, counsel shall immediately notify his or her former client, by letter, of the status of the appeal, of the responsibilities necessary to prose- cute the appeal, and that, if the former client wishes to challenge the trial court’s decision allowing counsel to withdraw, the former client must file a motion for review with the Appellate Court in accordance with Section 66-6. Counsel shall file a copy of the letter with the appellate clerk. The trial court’s decision shall be sealed and may be reviewed pursuant to Section 66- 6. Subsequent motions regarding the trial court’s decision on the motion to withdraw appointed counsel shall also be filed under seal. (4) The appellate clerk shall maintain all filings and related decisions pursuant to this subsection under seal. The panel hearing the merits of the appeal shall not view any briefs and materials filed under seal pursuant to this subsection. (P.B. 1978-1997, Sec. 4035.) (Amended Jan. 29, 2009, to take effect March 1, 2009; amended Sept. 16, 2015, to take effect Jan. 1, 2016; amended Oct. 18, 2016, to take effect Jan. 1, 2017; amended July 23, 2020, to take effect Jan. 1, 2021; amended July 15, 2025, to take effect Jan. 1, 2026.) HISTORY—2026: Prior to 2026, subsection (b) provided: ‘‘An attorney may, by motion, withdraw his or her appearance for a party after an additional appearance representing the same party has been entered on the docket. A motion to withdraw pursuant to this subsection shall state that an addi- tional appearance has been entered on appeal. The appellate clerk may as of course grant the motion if the additional appear- ance has been entered.’’ In addition, ‘‘or parties’’ was added after ‘‘party’’ twice in subsection (c). COMMENTARY—2026: The purpose of these amend- ments is to ensure that clients are notified when an attorney has moved to withdraw his or her appearance, even when there is another appearance on file.
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