Appearance of Counsel

U.S. District Court for the Eastern District of Kentucky

Rule Set: Local Rules of the U.S. District Court for the Eastern District of Kentucky

Rule: 57.5

Jurisdiction: EDKY

Bluebook Citation: E.D. Ky. L.R. 57.5

Unless the Court orders otherwise, an attorney is deemed an attorney of record by: (a) (b) (c) (d) appearing in court on behalf of a party; filing an entry of appearance; signing a pleading, motion or other paper as attorney for a party; or listing his or her name as an attorney -- other than of counsel -- on a pleading, motion, or other paper. LCrR 57.6 (b) Substitution or Withdrawal of Attorney of Record Absent leave granted by the Court upon a motion showing compelling circumstances supporting leave to withdraw, an attorney of record is not permitted to withdraw within twenty-one (21) days of trial or an evidentiary hearing. At any other time, an attorney of record may withdraw from a case only under the following circumstances: By Motion. The attorney files a motion, certifies the motion was served on (a) the client, makes a showing of good cause, and the Court consents to the withdrawal on whatever terms the Court chooses to impose.

If the withdrawal will leave the client unrepresented, the motion must include the client's current email address, mailing address, and telephone number. By Notice of Withdrawal. An attorney of record may withdraw from a case by filing a notice of withdrawal stating that the client has been notified of the withdrawal, if: (1) multiple attorneys are attorneys of record for the client; and (2) attorney seeking to withdraw does so. By Notice of Substitution.

In cases where an attorney seeks to be substituted for another as attorney of record, and both attorneys are within the same governmental department or agency, federal public defender office, or private law firm, a notice of substitution may be filed. The notice must be filed by the withdrawing attorney and the substitute attorney with an affirmative representation stating that the substitution ·is made with the client's consent. By Notice of Change of Law Firm Affiliation. When an attorney changes his or her law firm or other legal professional affiliation, but will remain as a client's attorney of record, the attorney must file a notice of such change in law firm affiliation and provide complete updated contact information.

It remains the responsibility of each attorney to maintain a current email and mailing address through their PACER account. at least one of those attorneys will remain attorney of record after the (d) (c)

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