Attorney Appearances; Withdrawal or Displacement of
U.S. District Court for the Eastern District of New York
U.S. District Court for the Eastern District of New York
Attorney of Record; Limited-Scope Representation
(a) Attorney appearances. Except as otherwise set forth in this rule, each attorney
appearing on behalf of a party must file a notice of appearance promptly on or
before the attorney’s first appearance in court or filing in the case. The notice of
appearance must provide the attorney’s name, any firm or organizational
affiliation, business address, telephone number, email address, and the name of
the party or parties represented.
An attorney who files a case-initiating document, such as a complaint, petition, or
notice of removal, need not file a separate notice of appearance; such an attorney
shall be deemed to have entered a notice of appearance on behalf of the party or
parties on whose behalf the filing is made.
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Joint Local Rules, S.D.N.Y. and E.D.N.Y. Effective January 2, 2026
(b) Attorney withdrawals. Except where an attorney has filed a notice of limited-scope
appearance as set forth in subsection (c), an attorney who has appeared for a party
may be relieved or displaced only by order of the court. Such an order may be
issued following the filing of a motion to withdraw, and only upon a showing by
affidavit or otherwise of satisfactory reasons for withdrawal or displacement and
the posture of the case, and whether or not the attorney is asserting a retaining or
charging lien. While a motion to withdraw is required whenever an attorney seeks
to be relieved, an affidavit is unnecessary if (1) another attorney from the same
firm, agency, or organization has already entered a notice of appearance on behalf
of the client and will remain in the case or (2) upon substitution of counsel by
stipulation, if the stipulation is also signed by the client and, at the time of
substitution, the new attorney does not intend to seek modification of any existing
deadlines or dates for court appearances in the case.
All motions to withdraw must be served upon the client and (unless excused by
the court) upon all other parties. Proof of such service upon the client shall be filed
on the docket in each case where withdrawal is sought.
(c) Limited-scope representation. Unless otherwise ordered by the court, an attorney
may provide limited-scope representation to a party in a civil case.
(1) Where a party and an attorney have agreed to limited-scope representation,
the attorney must file a notice that describes the scope of the representation
for any matter that may require the attorney to file papers with the court;
appear before a judge, arbitrator, or mediator; or communicate with opposing
counsel. Notice is not required if the attorney is providing short-term, limited
legal services under a program sponsored by a court, government agency, bar
association, or not-for-profit legal services organization unless the attorney
will file papers with the court; appear before a judge, arbitrator, or mediator;
or provide continuing representation in the matter. A party to whom limited-
scope representation is being provided or has been provided is considered
unrepresented regarding matters not designated in the notice of limited-
scope representation and regarding all matters unless attorneys for all other
parties have been provided with the notice of the limited-scope
representation.
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Joint Local Rules, S.D.N.Y. and E.D.N.Y. Effective January 2, 2026
(2) During any period that a party receives limited-scope representation from an
attorney who has filed a notice of appearance, papers must be served on both
the party and the attorney.
(3) A limited-scope representation terminates without the need for leave of court
once the attorney files a notice stating that the tasks for which the appearance
was entered have been completed. The notice must include a certificate of
service on the client. If any attorney who has filed a notice of appearance
seeks to withdraw before completion of the limited-scope representation, the
attorney must follow the procedure set forth in subsection (b).
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
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