Withdrawal and Excuse of Attorneys

(a) Withdrawal of Attorney. No attorney appearing in any case will be allowed to withdraw without the consent of the court. Except where another attorney enters an appearance at the time of such withdrawal, all withdrawals shall be upon motion with reasonable notice to the party represented. No such motion shall be granted unless the attorney who seeks to withdraw shall file with the clerk the last known address of the attorney's client, or the client files his or her address, and in either situation the address which is filed shall be the official address to which notices may be sent. (b) Excuse From Attendance. An attorney's request to be excused from attendance from the Superior Court shall be submitted by email to the presiding justice at [email protected] and shall be served in accordance with Rule 5 of the Superior Rules of Civil Procedure upon the attorney of record of the adverse party for all matters the moving attorney is scheduled to attend including every trial, hearing, motion, calendar call, status conference, and other proceeding preliminary to trial on the merits. The submission shall contain the following information: (1) The period of time for which the excuse is requested; Page 1 of 9 February 2024 (2) The reason upon which the request is based. Where the submission is based upon a matter which is personal or confidential in nature, the movant may arrange to meet with the presiding justice privately prior to the filing of the motion; (3) The file number and caption of every cause assigned during the period for which the excuse is sought and the name of the attorney of record for each of the adverse parties to that cause; (4) Where the cause assigned is a trial on the merits, the movant shall obtain approval to be excused for the period requested from the justice in charge of the trial calendar; (5) Where the cause assigned is a proceeding preliminary to a trial on the merits, the movant shall state whether substitute counsel will attend at that proceeding or whether the proceeding will be continued with the agreement of the attorney of record for the adverse party and, where the justice so requires, with the agreement of the justice before whom the proceeding is scheduled; (6) Where the movant has no cause assigned during the period for which the excuse is sought, a representation of that fact shall be made; and (7) A certification that the movant has served a copy of the submission on each attorney of record for each of the adverse parties whose cause is assigned during the period for which the excuse is sought. An attorney of record for an adverse party who objects to the motion shall file an objection by email to the presiding justice at [email protected] immediately upon receipt of the submission. The presiding justice may conduct a hearing on the objection. (c) Illness or Absence of Attorney. In case of sudden illness of an attorney, or the attorney's absence from court from some other imperative and unforeseen cause, the court shall take such action, without notice, as shall appear reasonable in the circumstances.