WITHDRAWAL AND SUBSTITUTION OF COUNSEL

U.S. District Court for the District of South Dakota

Rule Set: Criminal Local Rules of the U.S. District Court for the District of South Dakota

Rule: 57.4

Jurisdiction: DSD

Bluebook Citation: D.S.D. L.Cr.R. 57.4

All Rules: D.S.D. Criminal Local Rules, complete index


Text

A. In General.

An attorney of record in a case may be permitted to withdraw from representation as counsel of record only by order of the court, or as otherwise provided herein. This does not apply to situations where withdrawal results in continued representation by the same firm or organization.

B. Withdrawal With Substitution.

Leave of court is not required where a notice of withdrawal is accompanied by a substitution of counsel, provided that said substitution takes place 30 or more days in advance of trial, the substitution contains a certificate by substituted counsel, and the substitution will not delay the trial or other progress of the case. The notice of withdrawal and substitution must set forth the name and address of the substituted and withdrawing counsel. Withdrawal under this section will be effective upon filing a notice of withdrawal and substitution. Notice of withdrawal must be provided to the client by the withdrawing attorney.

C. Withdrawal Without Substitution.

Withdrawal without substitution may be granted only upon motion, for good cause shown. Notice of the motion must be provided to the client by the withdrawing attorney.

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